WHISTLEBLOWER PROTECTION ACT (DEUTSCHE VERSION: CLICK HERE)

On February 24, 2023, the Federal Act on the Procedure and Protection of Information on Violations of the Law in Certain Legal Areas (Whistleblower Protection Act – HSchG) came into force. This is based on the EU Whistleblower Directive (EU/2019/1937). This law obliges companies to set up reporting channels so that people (whistleblowers) can report violations confidentially.

You can find the full text of the law in the legal information system: Link

Whistleblowers: Anyone who becomes aware of a violation of the law in the course of a professional activity and discloses it through a tip belongs to the group of protected whistleblowers. In addition to employees, this also includes, for example, interns, executive bodies (management …), employees of contractors and suppliers.

Tips are treated confidentially and the identity of the whistleblower is kept secret.

The identity of whistleblowers must be protected by internal and external bodies. This also applies to all other information from which the identity of whistleblowers can be directly or indirectly identified. Disclosure is only permitted in very specific, strictly limited cases.
Whistleblowers, internal and external bodies and authorities may only use or disclose business secrets that become known to them as a result of a tip-off for the purposes of the Whistleblower Protection Act (HSchG) and only to the extent necessary for this purpose.

The HSchG applies to the provision of information regarding (suspected) violations of regulations in the areas of public procurement, financial services, product safety, traffic safety, environmental protection, food safety, animal welfare, public health, consumer protection, data protection and corruption, among others.

The reporting system is not intended for general complaints or inquiries.

Further information can be found here.