Albania has taken another decisive step toward harmonising its legislation with EU standards by releasing for public consultation a draft law “On Whistleblowing and the Protection of Whistleblowers”. The draft law closely follows Directive (EU) 2019/1937 and is expected to reshape how both public institutions and private entities handle reports of misconduct.
A key innovation is the expansion of the law’s material scope. Unlike the current law, which is limited to (suspected) corruption, the draft covers any unlawful act that breaches domestic or international legislation applicable in Albania.
Reporting Channels Reports may be submitted:
- Internally – to dedicated units established within institutions or businesses;
- Externally – to the High Inspectorate of Declaration and Audit of Assets and Conflicts of Interest (ILDKPKI); or
- Publicly – in urgent, high-risk situations or where other remedies have failed.
The draft law reduces and standardises the employee threshold, requiring both state bodies and private legal entities with more than 50 staff members to establish an internal whistleblowing unit composed of one or more specially trained individuals. The structure, appointment, and training criteria must be set out in an internal act. Entities operating within the same business sector and employing between 50 and 249 individuals may combine resources to establish a shared internal whistleblowing unit. Notably, the draft allows private entities to outsource whistleblowing mechanisms, enabling multinational groups to manage cases at a group level, an option absent from the current regime.
The draft law extends protection beyond employees. Safeguards will apply to self-employed professionals, board members, non-executive directors, interns, former employees, and even candidates during recruitment who have not yet signed an employment contract. For the first time, legal protection also covers facilitators, persons closely associated with the whistleblower, and legal entities in which the whistleblower holds shares, represents, works, or maintains a business relationship, whenever retaliatory action is threatened or taken.
Once a whistleblowing act is made, retaliation, such as dismissal, suspension, demotion, pay reduction, discrimination, blacklisting, or denial of reasonable professional opportunities, is expressly forbidden. The burden of proof lies with the employer or public authority to show that any adverse measure is unrelated to whistleblowing.
The ILDKPKI will act as the central oversight authority for external reports. It will conduct administrative investigations and refer substantiated cases to the competent authority or the prosecution. Even unfounded or false reports must be documented and forwarded to the relevant jurisdictional body. Investigations, whether internal or external, must conclude within three months of acknowledging receipt.
Where immediate protection is requested, ILDKPKI must assess the risk of retaliation and may impose interim protective measures within seven days. A final decision is required within 60 days.
Looking ahead, the draft law signals a new compliance era in Albania. Employers will need to move beyond standard HR policies and implement structured, secure, and reliable whistleblowing systems. Non-compliance could trigger administrative fines of over €5,000 and, perhaps more damaging, expose companies to reputational risks if whistleblowers turn to external authorities or the public instead of internal channels.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.
