Artikel 90 Meldung von Verstößen und Schutz von Hinweisgebern

This article establishes the Authority's whistleblowing infrastructure.

It requires the Authority to maintain dedicated reporting channels for individuals who wish to report actual or potential breaches of the key AML/CFT regulations and directives, covering obligations applicable to financial institutions, supervisory authorities, self-regulatory bodies, and FIUs.

The article also connects to the broader EU whistleblower protection framework by extending the protections of Directive (EU) 2019/1937 to those who report through these channels.

Finally, it gives the Authority a follow-up power in relation to non-financial sector supervisory authorities, allowing it to request information on how they handled breach reports they received.

Important points:

• The Authority is required to establish dedicated reporting channels for breaches of AML/CFT rules across financial institutions, supervisory authorities, self-regulatory bodies, and FIUs.
• Persons reporting through these channels, as well as the persons concerned, are protected under Directive (EU) 2019/1937 where applicable.
• Non-financial sector supervisory authorities are required to provide the Authority with follow-up information on reports they received, but must not disclose information that could identify the reporting person.