A Practical Guide to Romania's Whistleblowing Law
Almost four years after Law no. 361/2022 on the protection of whistleblowers in the public interest came into force, Romanian companies still ask the same practical question: how do we actually apply it? A new resource sets out to answer that question.
The Romanian Whistleblowing Initiative (RWI) has launched its FAQ Guide on Law no. 361/2022, co-authored by Dana Ududec, Partner at HM Partners.
The guide was presented on 15 October 2026 in Bucharest, at the second edition of the RWI Conference, which Dana co-organised and moderated.
From obligation to everyday practice
Law no. 361/2022 transposes the EU Whistleblowing Directive (2019/1937). It entered into force on 22 December 2022, and since 17 December 2023 every private employer with 50 or more employees must run an internal reporting channel.
Setting up a channel is the easy part. The harder questions come once reports arrive. Who may lawfully receive and investigate a report? How is the reporter's identity kept confidential while the facts are checked? How do whistleblowing duties fit with the GDPR and with employment law? When should a company expect the National Integrity Agency (ANI), Romania's external reporting channel, to get involved?
Compliance officers, HR teams and in-house lawyers face these questions every week. Until now, they have had little practical guidance tailored to the Romanian private sector.
Answers built from real cases
The guide is a set of frequently asked questions, with short, practical answers grounded in the text of the law. Version 1 is dated 15 October 2026. It draws on three sources:
Law no. 361/2022 itself
communications and guidance from the National Integrity Agency (ANI), and RWI's consultations with the Agency
opinions by attorneys Dana Ududec and Elisabeta Grigoriu, based on case studies discussed in the RWI Working Group
How it was built. After the first RWI Conference in November 2025, RWI set up a Working Group of compliance specialists, lawyers and consultants. Members brought the questions, interpretation difficulties and real cases they meet in practice, especially in the private sector. RWI then took these case studies to a working meeting with ANI and collected the Agency's clarifications and reference documents. Both feed directly into the guide.
What it covers. The 17 chapters follow a report from start to finish:
General notions and definitions
Law no. 361/2022 and employment relationships
Whistleblowing, discrimination and workplace harassment
Law no. 361/2022 and the GDPR
Reporting channels
The designated person: role and obligations
External reporting to ANI
ANI's powers
Counselling, information and assistance from ANI
Conditions for protection and remedies
Who else is protected alongside the whistleblower
Public disclosure
Prohibited forms of retaliation
Exemption from liability and the ban on waiving rights
Free legal aid
Administrative fines
Other useful information
Practical by design. Alongside the answers, the guide gives practical notes and good-practice examples. For instance, it explains why follow-up actions under the law are corrective, not punitive, and must be kept separate from any disciplinary investigation. An employee under disciplinary investigation does not get access to the original report, and the whistleblower's identity stays protected. These are the points where companies most often go wrong.
A living guide. RWI will update the guide at regular intervals as new questions arise and new answers come from the authorities. It is available online (free access for website members) at whistleblowing.ro, where readers can also send questions and suggestions through a form. An RWI online course on Law no. 361/2022 and speak-up culture will follow by the end of 2026.
RWI Conference 2026: one day on the full life of a report
The second RWI Conference took place on 15 October 2026 at Impact Hub Bucharest (8–10 Tudor Arghezi Street, Unimed Building). It brought together HR, legal and compliance professionals for a full day of talks, debates and a closing workshop. Dana co-organised the event with Elisabeta Grigoriu and moderated the sessions.
The presence of the National Integrity Agency (ANI) was a highlight of this edition. It gave participants a direct view of how the authority handles external reports, offers confidential advice and assists whistleblowers facing retaliation.
ANI presented participants with information about Avertizori361, the official external channel reporting platform.
The conference was supported by sponsors Whistlelink and Trustlinks.
About the Romanian Whistleblowing Initiative
RWI is a think tank founded by attorneys Dana Ududec and Elisabeta Grigoriu. It starts from a simple idea: whistleblowing is an essential part of corporate governance in a democratic society.
RWI raises awareness of whistleblowing legislation in Romania and supports the professionals who apply it. Its plans include:
making the annual RWI Conference the reference event for compliance and legal professionals working on whistleblowing
helping companies go beyond legal compliance and build a genuine speak-up culture
giving access to quality training and experienced professionals, including mentoring
building an online information hub for companies and the public
You can follow RWI's work and join the Working Group at whistleblowing.ro.
How HM Partners can help
Whistleblowing sits where data protection, employment law and corporate governance meet. That is where our Privacy & Digital Regulation Practice works every day.
Dana Ududec has been a lawyer for 13 years and has focused on privacy and data protection for the past 8. She holds the IAPP CIPP/E and AIGP certifications and trains DPOs and compliance teams.
Together with our employment and corporate teams, she helps companies:
set up or review internal reporting channels and procedures under Law no. 361/2022
align whistleblowing processes with the GDPR, including confidentiality, access rights and retention
prepare for and run internal investigations
train the people who receive and handle reports
To discuss how the guide applies to your organisation, contact Dana Ududec at dana.ududec@hmpartners.ro
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