Whistleblower Protection Act – we support you!

Appointments for consultation:

Dominik Anczok – technical implementation

Our digital whistleblower system – there are 3 different ways to implement it:

We take over the operation of the internal, digital registration office for you.

We provide you with a digital (web-based) whistleblowing system and take over the operation of the internal reporting office for you (including carrying out the necessary relevance checks on incoming reports, deadline and feedback management, etc.) and provide you with an initial recommendation for action. By submitting and receiving anonymous reports digitally, you not only meet the formal requirements of the HinSchG, but also increase the acceptance of your whistleblowing system.

We provide you with a digital tool that you operate yourself.

We provide you with a digital (web-based) whistleblowing system that you operate yourself. We will train you in your company and provide you with an initial recommendation for action. By submitting and receiving anonymous reports digitally, you fulfill the formal requirements of the HinSchG and ensure your company’s compliance.

If you would first like to get an overview of the various solutions, we will provide you with a confidential, lawyer-protected whistleblowing email address that is “branded” to your company. In this way, we support you in fulfilling the requirements of the HinSchG on an ad hoc basis. Here, too, we process the incoming information for you (incl. relevance check of incoming information, deadline and feedback management, etc.) and provide you with an initial recommendation for action.

Background information

The Whistleblower Protection Act came into force in Germany in July 2023. This means that the EU Whistleblower Directive has now finally been transposed into national law. The Whistleblower Protection Act (HinSchG) is intended to protect whistleblowers from reprisals. The aim is to make compliance violations more visible for the company concerned – both an opportunity and a risk.

Since July 2023, companies with more than 249 employees have been obliged to set up a whistleblower office. There is a risk of severe fines and the loss of business-critical knowledge if a company ignores the binding provisions of the Whistleblower Protection Act. In addition to the establishment of a whistleblower office, processing and feedback processes must be defined and documented in a legally secure manner in order to comply with the statutory deadlines and the strict confidentiality of incoming information.

The law also stipulates the gradual expansion of the obligation to implement a whistleblower protection system: from December 17, 2023, a whistleblower protection system must also be set up and operated in companies with 50 or more employees.

FAQs

What does the Whistleblower Protection Act (HinSchG) regulate?

The Whistleblower Protection Act (HinSchG) provides protection for persons who learn of (legal) violations in the course of their work. It is intended to ensure that these persons are not subject to retaliatory measures or disadvantages. Any kind of reprisals against them are prohibited.

What do companies have to do?

Companies with more than 50 employees must set up a reporting office from December 17, 2023 to give whistleblowers the opportunity to report these violations. Companies with over 249 employees have been required to do so since July 2023.

What does the reporting procedure look like?

Tasks of the internal reporting office include

To confirm receipt of the report within a maximum of seven days to the person making the report,
to check whether the reported violation is within the scope of § 2 HinSchG
Maintaining contact with the person who made the report,
evaluate the validity of the report received,
if necessary, request additional information from the whistleblower and
take appropriate measures in accordance with § 18.

How does the adkl whistleblower tool work?

Reports can be entered anonymously (not mandatory) in the tool to go through the relevant steps of the reporting procedure. The underlying reporting office, which can be located inside or outside the company, has an (anonymized) overview of all cases to be processed. Automated notifications ensure that the deadline for confirmation of receipt is met. Within the tool, the reporting office can communicate anonymously with the whistleblower.

Is there a group regulation?

In principle, the individual companies must be considered separately when calculating the number of employees. However, groups with 50 to 249 employees can set up a joint reporting office in accordance with Section 14 (2) HinSchG.

Does the internal reporting office have to be held by a person from the company?

No, the function of the reporting office can be outsourced. This makes sense, especially from the point of view of independence. In addition to the tool as a channel for the reporting office, we can provide a fully qualified lawyer to oversee the reporting procedure when a report is received.