Glossary
Substantive Feedback
The 3-month deadline within which the channel operator must give the reporter feedback on actions taken or planned, required by EU Directive 2019/1937 Article 9(1)(f). Feedback is information on follow-up envisaged or taken, not necessarily a final outcome. The clock can be extended once by 3 months for complex cases, with reasons given to the reporter.
Full definition
Article 9(1)(f) of EU Directive 2019/1937 requires the channel operator to provide 'feedback' to the reporting person within a reasonable timeframe and in any event not exceeding three months from the acknowledgement of receipt (or, in the absence of acknowledgement, from the expiry of the seven-day acknowledgement period). 'Feedback' is defined in Article 5(13) as the provision to the reporter of information on action envisaged or taken as follow-up, and on the grounds for that follow-up. It is not necessarily the final outcome; ongoing investigations can be reported as ongoing, with reasons. The three-month clock can be extended once by another three months in justified cases for complex matters; the reporter must be informed of the extension and the reason. National transpositions are strict on this deadline: Germany's HinSchG §17(2) caps total feedback time at six months (3+3); Spain's Ley 2/2023 Article 9 keeps three months but allows an extension to six in cases of 'special complexity'. Missing the deadline is itself a sanctionable breach in some jurisdictions, separate from the underlying alleged breach.
Related terms
- Acknowledgement of Receipt The 7-day deadline within which the channel operator must confirm to the reporter that the report has been received. Required by EU Directive 2019/1937 Article 9(1)(b), the acknowledgement is procedural, not substantive. For anonymous reporters it is delivered through the channel itself. Failure to acknowledge within 7 days is a deficiency on its own under most national transpositions.
- Case Handler The trained individual inside an organisation who triages, investigates, and resolves whistleblower reports. Under EU Directive 2019/1937 Article 9 the case handler must acknowledge receipt within 7 days, maintain confidentiality, log every action, and deliver substantive feedback within 3 months. Case handlers must be free of conflicts of interest and trained in trauma-informed interviewing.
- Internal Reporting Channel A confidential mechanism inside an organisation through which employees and other workers can report breaches. EU Directive 2019/1937 Article 8 requires every legal entity with 50 or more employees to operate one, accept reports in writing, orally, or through a physical meeting, acknowledge within 7 days, and provide substantive feedback within 3 months.