Whistleblower Protection

Whistleblower Protection Act

The German Whistleblower Protection Act (HinSchG) came into force on 2 July 2023. Since this date, companies with 250 or more employees must have set up internal whistleblower systems for appropriate whistleblower protection. Companies with 50 or more employees will follow at the end of the year. On 12 May 2023, the Federal Council had passed the Whistleblower Protection Act, the national implementation of the EU Whistleblower Directive.

Summary of the requirements

• The procedure for submitting a report must be possible orally or in writing and, if desired, also in person
• The internal reporting office must acknowledge receipt of the report to whistleblowers within 7 days
• Protected areas of application: EU law and national law if it concerns offences punishable by law (criminal offence) or punishable by fine (administrative offence) that endanger health/life
• Within three months, the reporting office must inform the whistleblower what action has been taken as a result, e.g. launching internal investigations or passing the report on to the competent authority
• Companies must protect the identity of the whistleblower (confidentiality) and comply with GDPR requirements.
• Conflicts of interest must not arise
• Businesses must keep information about the competent supervisory authority(ies) at hand

We provide you with a reporting system in line with the legal requirements and process your incoming reports. Our system is aimed at companies with few expected reports.

more information

Whistleblower Protection Act Whistleblowing Services Smart & Easy

(You can find more information in our flyer: (HinSchG_Whistleblower System_Cyberlegis_Flyer_2023)  
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