Cap. 527 Art. 12Internalprocedures for receiving and dealing with protected information.

(1) Without prejudice to article 16 and article 18A, every employer shall have in operation internal procedures for receiving and dealing with information about improper practice committed within or by that organisation; such internal procedures shall at least include the following:

(a) channels for receiving the reports in writing or orally, or both. Oral reporting shall be made possible by telephone or through other voice messaging systems, and, upon request by the reporting person, by means of a physical meeting within a reasonable time frame. Such channels shall be designed, established and operated in a secure manner that ensures that the confidentiality of the identity of the whistleblower and any third party mentioned in the disclosure is protected, and prevents access thereto by non-authorised staff members;

(b) the designation of a whistleblowing reporting officer competent for following-up on the reports which may be the same person or department as the one that receives the protected disclosure and which will maintain communication with the whistleblower and, where necessary, ask for further information from and provide feedback to that whistleblower;

(c) diligent follow-up by the designated person or department referred to in paragraph (b).

(2) Clear and easily accessible information about the existence of the internal procedures, and adequate information on how to use the procedures shall be published widely within the organisation and shall be republished at regular intervals. Every employer shall also provide clear and easily accessible information regarding the procedures for reporting externally to competent authorities pursuant to article 15 and, where relevant to institutions, bodies, offices or agencies of the European Union.

(3) An internal disclosure is a protected disclosure made in accordance with the provisions of this Act if it is made by an employee to an employer substantially in the manner established by internal procedures established by the employer for receiving or dealing with such disclosures.

(4) For purposes of Part III Section 2, "employer" means the same as the meaning assigned to it in the Second Schedule:

Provided that, this shall not apply to entities falling within the scope of Part I(B) and II of the Third Schedule:

Provided further that, organisation in the private sector with fifty (50) to two hundred and forty-nine (249) workers may share resources as regards the receipt of reports and any investigation that shall be carried out. This shall be without prejudice to the obligations imposed upon private sector organisations by this Act to maintain confidentiality, to give feedback, and to address the reported breach.