Glossary
Good Faith Reporting
The standard a reporter must meet for protection under EU Directive 2019/1937 Article 6(1)(a): reasonable grounds to believe the information reported was true at the time of reporting. The test is objective-subjective: belief must have been honest and grounded in circumstances a reasonable person would have considered sufficient. Truth of the report is not required.
Full definition
Article 6(1)(a) of EU Directive 2019/1937 grants protection to a reporter who 'had reasonable grounds to believe that the information on breaches reported was true at the time of reporting'. This is the good-faith standard. It is an objective-subjective test: the reporter's belief must have been honest (subjective) and grounded in circumstances that a reasonable person in the same position would have considered sufficient (objective). The truth of the report is not required for protection; if the reporter believed in good faith but was mistaken, protection still applies. What disqualifies a reporter is knowing falsity (Article 23(2) allows national sanctions against persons who knowingly report false information) or reports made for clearly improper purposes such as personal vendettas decoupled from any reasonable belief in wrongdoing. National courts apply the good-faith test with deference to the reporter; in 2024, the French Cour de Cassation confirmed that even a partial mistake of fact does not defeat good faith where the core allegation is reasonably grounded.
Related terms
- Whistleblower Under EU Directive 2019/1937, a whistleblower is any natural person who reports breaches of EU or national law acquired in a work-related context. The scope covers employees, ex-employees, applicants, contractors, suppliers, shareholders, volunteers, and board members. Protection applies whenever the reporter had reasonable grounds to believe the information was true.
- Protected Disclosure A protected disclosure is a report of an EU or national law breach that triggers automatic protection from retaliation under EU Directive 2019/1937 Articles 5 to 15. The reporter must have had reasonable grounds to believe the information was true at the time of reporting. False or malicious reports are not protected.
- Retaliation Any direct or indirect adverse measure taken against a whistleblower because of their report. Article 19 of EU Directive 2019/1937 prohibits dismissal, demotion, transfer, withheld training, negative reviews, reputational damage, blacklisting, and contract termination. Article 21(5) reverses the burden of proof so the employer must justify the measure on unrelated grounds.