<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The issue of whistleblower protection has been gaining more attention in recent years, especially after the passing of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law. However, there is a fundamental question as to whether the regulations are sufficient to provide real protection for whistleblowers in organizations. In this regard, it seems crucial that the various actors (legislators, managers, employees) work together to create an appropriate social environment. In this context, it is worth considering the use of knowledge of human decision-making processes, with particular emphasis on the possibility of modifying choice architecture and influencing decisions without imposing specific solutions. Nudging can be used in the “foreground” of legal regulation, by adjusting the social environment in such a way that legal regulation can work effectively. The paper provides an introduction to the application of nudge theory in the context of legal protection of whistleblowers.</p>
</abstract>

The issue of whistleblower protection has been gaining more attention in recent years, especially after the passing of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law. However, there is a fundamental question as to whether the regulations are sufficient to provide real protection for whistleblowers in organizations. In this regard, it seems crucial that the various actors (legislators, managers, employees) work together to create an appropriate social environment. In this context, it is worth considering the use of knowledge of human decision-making processes, with particular emphasis on the possibility of modifying choice architecture and influencing decisions without imposing specific solutions. Nudging can be used in the “foreground” of legal regulation, by adjusting the social environment in such a way that legal regulation can work effectively. The paper provides an introduction to the application of nudge theory in the context of legal protection of whistleblowers.

Nudge Theory and Legal Protection of Whistleblowers

Studies in Logic, Grammar and Rhetoric

This work is licensed under the Creative Commons Attribution 4.0 International License.

{"article-title":"Nudge Theory and Legal Protection of Whistleblowers"}

The issue of whistleblower protection has been gaining more attention in recent years, especially after the passing of Directive (EU) 2019/1937 of the European...

Nudge Theory and Legal Protection of Whistleblowers

Published Online: Dec 29, 2023

Page range: 555 - 571

DOI: https://doi.org/10.2478/slgr-2023-0032

Keywords
nudge theory, whistleblowing, ethics of nudging, effectiveness of legal regulation

© 2023 Marek Jakubiec, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Nudge Theory and Legal Protection of Whistleblowers

Published Online: Dec 29, 2023

Page range: 555 - 571

DOI: https://doi.org/10.2478/slgr-2023-0032

Keywordsnudge theory, whistleblowing, ethics of nudging, effectiveness of legal regulation

© 2023 Marek Jakubiec, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
nudge theory, whistleblowing, ethics of nudging, effectiveness of legal regulation