Luxembourg law permits Luxembourgers to report frauds against the U.S. Government under the False Claims Act, or violations of the provisions of the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act.

Current Status of Luxembourg’s Whistleblower Laws

What disclosures are currently protected?

Luxembourg does not have an overarching law dedicated to protecting whistleblowers. Its strongest national law is the Law on Strengthening the Means to Fight Corruption, which covers public and private sector whistleblowers reporting corruption and abuse of office in good faith.

However, it is unclear how well this works in practice given the treatment of the LuxLeaks whistleblowers. Additionally, there are no reward provisions for successful whistleblowers in Luxembourg law. Therefore, whistleblowers may be better off reporting to U.S. regulators, at least until the transposition of the Whistleblower Directive is complete.

Can Luxembourg whistleblowers receive rewards?

There is no law in Luxembourg providing whistleblowers rewards, however, they may receive rewards through U.S. laws.

Recent updates and future legislative developments

Luxembourg is required to implement the requirements of the EU Directive on Whistleblowing into its national law. However, it has not yet announced that it has begun this process.

Can/should Luxembourg whistleblowers report to U.S. officials?

No law in Luxembourg currently prohibits Luxembourgers from reporting frauds against the U.S. government under the False Claims Act, or violations of provisions of other statutes including the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act. Therefore, Luxembourgers can and should report relevant violations to U.S. officials under these laws, where applicable.

Introduction for Luxembourger Whistleblowers Using U.S. Laws

An overview of the whistleblower protections in the United States

The United States has over 50 separate whistleblower laws, and they each define a protected disclosure separately.

The most comprehensive and widely used U.S. laws offering whistleblowers significant protections are the False Claims Act, the Dodd Frank Act, the Commodities Exchange Act, and the Internal Revenue Code.
These laws all provide various degrees of anonymity, confidentiality, and rewards and cover a myriad of common legal violations.

Protection and anonymity under commonly used whistleblower laws

The False Claims Act permits a whistleblower to file his or her original complaint without revealing his/her identity to the public or a would-be defendant. However, after the government concludes its investigation as to the subject of the complaint, in most cases, the complaint is made public.