Recognize duties as an opportunity
Safely navigate your company through the new requirements of the Whistleblower Protection Act. We will help you develop an individual roadmap and support you with personalized implementation on a case-by-case basis. With our expert assistance, you will be well-equipped to confidently handle emerging whistleblowing cases and safely steer your company through the Whistleblower Protection Act.
Whistleblower Protection Act: What is it?
The Act on the Protection of Whistleblowers (HinSchG) implements the EU Whistleblower Directive. It came into force on July 2, 2023. The aim is to improve the protection of whistleblowers against retaliatory measures by their employers. Previously, this protection was only inadequately and incompletely regulated. In the past, whistleblowers were therefore repeatedly disadvantaged. The Whistleblower Protection Act now offers clearly defined protection for persons who have obtained relevant information about possible violations and unlawful conduct within a company during or in the run-up to their professional activities and who report or disclose this information. Whistleblowing cases can cover a variety of topics in which individuals disclose information about illegal, unethical, or inappropriate activities, including discrimination, harassment, bullying, corruption, fraud, and abuse of positions and resources. By reporting such information, misconduct within a company can be identified and remedied at an early stage. The Whistleblower Protection Act therefore not only serves to protect the interests of whistleblowers but also to safeguard the reputation and operations of the company.
Who is affected by the Whistleblower Protection Act?
The Whistleblower Protection Act applies to all employers with 50 or more employees. It does not matter whether these employees work full-time or part-time. Companies in the financial sector must implement the Whistleblower Protection Act regardless of the number of employees. Public employers must also comply with the Whistleblower Protection Act. This includes, for example, municipalities and municipal associations, as well as companies owned or controlled by the public sector. Violations of the essential provisions of the Whistleblower Protection Act can be punished as administrative offenses with a fine.
Why is this important?
Emerging whistleblower cases within a company are not just about complying with legal regulations and the resulting obligations, but also about the trust of employees, the public, and investors. An effective whistleblower protection mechanism and a clear roadmap for investigating the facts can help identify potential risks early and thus avoid damage to your company.
How can we help you
- Support with setting up an internal reporting office
- Creation of an internal company policy for the implementation of the Whistleblower Protection Act and for support in legally compliant communication with your employees about the introduced whistleblower system
- Nomination as a contact person to whom you can forward incoming information for further review
- Support with tracking incoming tips and further factual investigation with legal review
- Training for Whistleblower Office Members and Other Employees
With over 30 years of experience and more than 15,000 cases handled, we understand the individual needs of our clients. Our focus is on you and the development of a personalized solution.
The Whistleblower Protection Act (HinSchG) has numerous points of intersection with data protection. For instance, according to § 2 para. 1 no. 3 lit. p) HinSchG, violations of data protection must now also be reported. Under § 10 HinSchG, the reporting offices are authorized to process personal data and even special categories of data to the extent necessary to fulfill their tasks described in §§ 13 and 24 HinSchG. Personal data of the individuals involved may be processed with every report. This includes the data of the whistleblower themselves, as well as that of the alleged „offender“ and any witnesses. It is of crucial importance at this point to ensure that the processing of this data is carried out in compliance with data protection regulations in order to safeguard the rights of all parties involved.
Given our extensive experience and expertise in data protection law, we are confident that we can competently assist you in overcoming the hurdles of the Whistleblower Protection Act. This allows us to consider all relevant legal aspects, provide comprehensive advice, and develop an effective strategy for you.
