Glossary
Reverse Burden of Proof
Under EU Directive 2019/1937 Article 21(5), once a reporter shows a protected disclosure followed by an adverse measure, the burden shifts to the employer to prove the measure was based on grounds unrelated to the disclosure. The mechanism matters because retaliation is hard to prove directly, and national courts in Germany, France, and the Netherlands have applied it since 2024.
Full definition
Under EU Directive 2019/1937 Article 21(5), once a whistleblower presents evidence of (a) a protected disclosure and (b) a subsequent adverse measure, the burden shifts to the employer to demonstrate that the measure was based on duly justified grounds unrelated to the disclosure. This is a substantial procedural advantage for reporters because retaliation is notoriously difficult to prove directly. National courts in Germany, France, and the Netherlands have already applied this reverse burden in dismissal disputes since 2024.
Related terms
- 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.
- 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.