The new German whistleblower protection law obliges certain companies in the future to Whistleblowing systems for workers. The new whistleblower protection law is already available as a draft, so companies concerned can adapt to it at an early stage.
Target group of the whistleblower protection law
In principle, companies with 50 employees or more and companies with annual sales of EUR 10 million or more are affected. Stricter rules on the whistleblower protection law, however, apply to companies in the financial sector. You are obliged to set up whistleblower systems independently of the number of employees.
Act in good time to meet the requirements of the whistleblower protection law.
EU Directive as a pioneer of the whistleblower protection law
The new law was presented by the existing EU Directive 2019/1937 of 23 October 2019, which we already know as an EU whistleblower or whistleblower directive.
The EU Directive is designed to protect persons who report breaches of Union law. By the end of 2021, the Federal Ministry of Justice and Consumer Affairs should:This Directive will be incorporated into national law by the European Parliament and Council. European Union
Finally, the Federal Ministry of Justice and Consumer Protection published the draft law for the whistleblower protection law and we will present the most important amendments below.
Internal reporting system becomes mandatory according to whistleblower protection law
Already the EU Directive requires companies to set up an internal reporting system. This affects companies with more than 50 employees, as well as public employers or companies that are part of the financial services sector.
Extended set-up period
According to the upcoming German whistleblower protection law, companies with 50 to 249 employees are only obliged to set up an internal reporting system by 17 December 2023. This prolongs the deadline compared to the EU directive.
Establishing Joint Reporting Points
In addition, the following point is intended to reduce costs: According to the draft law on whistleblowing, companies can join forces with other companies in order to operate joint hotlines. The aim is to offer the possibility to keep costs low.
Transparency for whistleblowers
Whistleblowers should be able to remain anonymous.
For example, the following ways are available for notifications:
- Telephone
- Letter
- Personal
- Whistleblowing portal
It is important that for the whistleblower it is recognizable who is the addressee of his message, so who gets the message at all. Who then has access to the message is equally important. The time limit for feedback should be clear and the handling of queries should be evident.
Whistleblowers can be very powerful and even lead large corporations to the brink of an existential crisis.
Rechtsanwalt Dipl.-Ing. Michael Horak, LL.M.
Regular training
After the entry into force of the new whistleblower protection law, there is a duty to train StaffTo receive whistleblowing messages.
Documentation and verification
Companies should be required to document whistleblowing messages and check whether they are valid. This requirement for documentation and examination is necessary in order to subsequently take action. This can be internal investigations, for example, or preparation to submit the notification to the competent authority.
From a seminar for beginners to training on the way to Compliance specialist we offer different levels.
Right to vote Reporting of whistleblowing
The whistleblower should have the option to choose how to report an infringement.
Differentiating the reporting channels:
- Internal reporting system
The whistleblower can submit a report internally to the company. - External reporting
The whistleblower may submit a notification directly to a competent authority. - Media and journalists
It is not intended to transmit the message directly to the media and journalists.
Objective of the Directive
The Directive was created with the aim of protecting whistleblowers. Whistleblowers, who draw attention to maladministration in companies and authorities, should therefore remain undisturbed. Possible consequences such as dismissal, salary reduction, bullying, discrimination or negative performance assessments are absolutely inadmissible according to the guideline.
EU and BMJV efforts
After all, politics and the general public have a great interest in the disclosure of maladministration in companies and authorities. On the basis of this fact, the European Parliament and the Council wish to maintain this interest with the "Directive on the protection of persons reporting breaches of Union law" (2018/0106 COD).
The directive is therefore intended to ensure greater protection for whistleblowers. In addition, public and private organisations as well as authorities will be obliged to provide secure reporting channels for Indicators to establish.
The Council of the European Union adopted the EU Directive already on 7 October 2019. As of 17 December 2021, the Federal Republic of Germany implemented the EU Directive into national law.