Internal reporting to the ministry of the economy, its administrations and services
Last update
An internal reporting procedure has been set up by the ministry of the economy and its administrations and services (hereinafter referred to collectively as 'the ministry'), namely:
- the Luxembourg Maritime Administration (Commissariat aux affaires maritimes - CAM);
- the Luxembourg Institute of Standardisation, Accreditation, Safety and Quality of Products and Services (Institut luxembourgeois de la normalisation, de l’accréditation, de la sécurité et qualité des produits et services - ILNAS);
- the National Service of the Mediator of consumption (Service national du Médiateur de la consommation - SNMC); and
- the National Institute of Statistics and Economic Studies (Institut national de la statistique et des études économiques - STATEC).
This procedure offers whistleblowers the opportunity to report breaches observed in a professional context and to pass them on internally, either anonymously or not.
'Breach' means any act or omission, potential or actual, that is illegal or contrary to national or European Union law.
A whistleblower may also report reasonable suspicions concerning the following facts that have occurred or are likely to occur:
- actual or potential breaches; and/or
- attempts to conceal such breaches.
These internal reports are governed by the law of 16 May 2023 transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (hereinafter referred to as 'the law').
Who is concerned
A whistleblower who has obtained information about breaches in a professional context with the ministry (current, past or future working relationship), such as:
- salaried workers (including civil servants and State employees);
- self-employed workers (consultants, external experts, etc.);
- shareholders and members of an administrative, management or supervisory body of a company, including non-executive members;
- volunteers and paid or unpaid trainees;
- anyone working under the supervision and direction of contractors, subcontractors and suppliers.
How to proceed
Submission of an internal report to the ministry
If you wish to report breaches observed in your professional relationship with the ministry, you can contact it by the following means:
- by email to: signalement@eco.etat.lu
PLEASE NOTE: for reasons of confidentiality, do not describe the breaches you have observed in this initial email. This is simply a first point of contact, after which you will receive an email with a form to fill out and a link to upload any documents via a secure link.
- by post to the ministry's postal address:
Ministère de l’Économie
PERSONNEL & CONFIDENTIEL
à l’attention des délégués aux signalements
19 - 21, boulevard Royal
L-2449 Luxembourg
PLEASE NOTE: if you decide to contact the ministry by post, please:
- place the documents you wish to send to the ministry in a double envelope (the envelope containing your documents inside a second envelope); and
- indicate the address mentioned above.
This ensures that your documents will be handled exclusively by the ministry's reporting officers.
The ministry's internal reporting channels guarantee the integrity and confidentiality of the information transmitted. Only the reporting officers appointed by the Minister of the Economy have access to the information provided. They are bound by strict professional secrecy.
If you have any questions about how your personal data is processed by the ministry in this context, please refer to the 'Personal data protection' section of this dedicated information page.
Application processing time
You will receive an acknowledgement of receipt of your report within 7 business days of its receipt.
Information on the measures envisaged after internal analysis must be provided to you:
- within a reasonable time frame; and
- no later than 3 months after acknowledgement of receipt of the report.
However, if the report is made anonymously, it is impossible for the reporting officers to:
- send you an acknowledgement of receipt;
- contact you for further information; and
- provide you with feedback on the measures envisaged.
Consequently, in this case, the above time limits do not apply.
Penalties
Whistleblowers who report breaches of legal rules are protected against all forms of retaliation, provided that their report was made in good faith.
You must report breaches in good faith, i.e., you must have 'reasonable grounds to believe that the information about the reported breaches was true at the time of your report'. The information reported must have been collected lawfully, in accordance with applicable legal provisions.
Any report that is not made in good faith, contains false information, or is made with the intention of harming the department or a specific person may be subject to disciplinary action, including dismissal (if the author of the false statement is a civil servant or state employee).
A whistleblower who knowingly reports or publicly discloses false information may be sentenced to a term of imprisonment of between 8 days and 3 months and a fine of between EUR 1,500 and EUR 50,000.
The author of a false statement may also be held civilly liable, and the ministry may claim damages for the harm suffered before the competent court.
Who to contact
Ministry of the Economy PERSONNEL & CONFIDENTIEL - à l’attention des délégués aux signalements
- Address:
- 19-21 Boulevard Royal L-2449 Luxembourg Luxembourg
- Email address:
- signalement@eco.etat.lu
Ministry of Justice Office for Whistleblowers
- Address:
- 13, rue Erasme L-1468 Luxembourg
- Phone:
- (+352) 247 88564
- Email address:
- francis.maquil@osig.lu
- Email address:
- info@osig.lu
Related procedures and links
Links
Further information
-
Personal data protection
on the website of the Ministry of the Economy
-
Whistleblower
on the website of the Ministry of Justice
Legal references
portant transposition de la directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union.
