The case law of the European Court of Human Rights (ECtHR)
developed a set of criteria which are relevant to assess an act of
whistleblowing as a legitimate exercise of the right to freedom of expression.
Most recently, the Grand Chamber judgment in the case of Halet v. Luxembourg
provided updated standards to find a fair balance between the interests
concerned, i.e., the interests of the employee to exercise the right to freedom
of expression which typically coincides with the public interest in receiving
relevant information on the one side and the interests of the employer on the
other side. Remarkably, the EU Directive on the Protection of Whistleblowers
recognizes the respective case law and takes into account the criteria
established by the ECtHR.