European Commission introduces new anonymous whistleblower tool

• 21/03/2017
• Articles

On 16 March 2017, the European Commission introduced a new service enabling individuals to alert the Commission in relation to cartels or other EU competition law infringements, while maintaining their anonymity in the process.

The tool protects the identity of whistleblowers through a specifically designed encrypted messaging system which allows them to communicate directly with the Commission, without disclosing any personal information. The messaging system is run by an external service provider, which acts as an intermediary between the whistleblowers and the Commission, and forwards the content of the message without sending any attached metadata that would allow the Commission to identify the sender of the message.

The new tool allows for dialogue: whistleblowers will be able to provide information and ask for replies from the Commission and the Commission will be able to seek details and clarification on the information received. The Commission believes that such an anonymous tool increases the likelihood that the information received will be sufficiently precise and reliable to enable the Commission to follow up on the information by opening an investigation.

EU Competition Commissioner Margrethe Vestager stated that inside knowledge can be a powerful tool to help the Commission uncover cartels and other anticompetitive practices, and contribute to the speed and efficiency of the Commission’s investigations.

Most cartels have so far been detected through the Commission’s leniency programme, which allows undertakings to report their own involvement in a cartel in exchange for a reduction in their fine. The new whistleblower tool has the added value of also allowing individuals who are aware of the existence of an infringement to report it. According to the Commission, this new tool is expected to complement and reinforce the effectiveness of the Commission’s leniency programme. Importantly, unlike the leniency programme, the new whistleblower tool applies to all anticompetitive practices and not only cartels.

The Commission’s new anonymous whistleblower tool is accessible here.