Act No. LXVII of 2021 titled the Protection of the Whistleblower (Amendment) Act, 2021 ('the Act') was published, on 18 December 2021, in the Government Gazette. In particular, the Act was first introduced on 15 November 2021 and was passed by the House of Representatives at Sitting No. 530 of 14 December 2021.

Specifically, the Act outlines that any processing of personal data carried out in accordance with the Act, including the exchange or transmission of personal data by the whistleblowing reporting officer or whistleblowing reports unit ('the Unit'), shall be carried out in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). Notably, the Act does not permit reporting persons to disclose information anonymously, noting that the whistleblowing reporting officer, or the Unit, may receive and process anonymous disclosures and may take that disclosure into consideration in determining whether improper practice has occurred. Additionally, the Act provides that every employer shall have in operation internal procedures for receiving and dealing with information about improper practices committed within or by that organisation, and outlines the responsibilities of the Unit which include enabling external disclosures in writing, as well as orally, and designating staff members responsible for handling reports.

The Act will come into force on such date or dates as the Minister for Justice and Governance may establish in the Gazette.

Alexia Valenzia, Associate at Camilleri Preziosi Advocates, Valletta, highlighted, "Following the recent amendments to the Act, companies in the private sector in Malta shall be required to revisit their current internal reporting practices, with the aim of establishing more suitable and secure channels and procedures for internal reporting and record retention processes. Companies are also advised to implement or upgrade their policies (as deemed necessary) and invest in training of all company personnel who may be affected by the changes being brought about by the Act".

You can read the Government Gazette, only available in Maltese here, and the Act, available in both Maltese and English, here.