May 2025 – On 9 May 2025, the Bulgarian State Gazette published important amendments to the Bulgarian Whistleblowing Act, further aligning the national legal framework with 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 EU law. These amendments aim to strengthen the protection of individuals reporting breaches of both Bulgarian and EU law, while promoting greater transparency and accountability.
The key amendments affecting companies include:
1. Restrictions on shared internal reporting channels within the private sector
The amendments eliminate the existing possibility for private sector companies within the same economic group to share resources by using the same internal reporting channel, requiring each entity to establish its own reporting channel.
2. Protection for individuals entering into service contracts
The amendments extend whistleblower protection to a broader group of individuals, including not only job applicants but also persons who are in the process of entering into service contracts. Under the new provisions, such individuals are entitled to protection if they report any breaches discovered during the pre-contractual phase.
3. Removal of the two-year limitation for reporting breaches
The existing law prohibits the investigation of breaches
committed more than two years ago. The amendments remove this
restriction, requiring companies to investigate breaches regardless
of when they occurred, ensuring that no breach, no matter how old,
is left unaddressed.
4. Recording and storing oral reports
The amendments allow oral reports to be recorded in a durable format (including electronic) that ensures the information can be retrieved and referred to in the future. However, this will only be possible with the explicit consent of the whistleblower.
5. Expansion of protection for legal professionals
Before the amendment, the Bulgarian Whistleblowing Act excluded all legal professionals (such as judges, bailiffs, notaries, and lawyers) from whistleblower protection when reporting breaches of law that came to their attention in the course of their professional activities, particularly those subject to professional secrecy. The amended legislation narrows this exclusion. Going forward, only lawyers remain ineligible to benefit from whistleblower protection when disclosing information obtained in the course of their professional duties that falls under confidentiality requirements.
These amendments represent a significant step towards ensuring a more robust and comprehensive whistleblower protection system in Bulgaria. As businesses and public entities begin to adapt to these changes, it is essential to review and update internal reporting channels, policies, and training programs to ensure compliance with the updated regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
