Information for whistleblowers

Whistleblowers are protected by law

The Whistleblower Protection Act (HinSchG) regulates the protection of natural persons who have become aware of grievances or legal violations and wish to report this. The basic prerequisite for protection is that you have learned about it in the course of your official, professional or entrepreneurial activity.

Protection includes the ban on reprisals against the whistleblower as well as high demands on the protection of his identity and data protection. This includes:

Confidentiality towards the whistleblower must be fully guaranteed in all reporting channels1
In the case of anonymous reports, the whistleblower must not be identifiable through technical measures
Unauthorized persons must not have access to the identity of the whistleblower or to the persons or suspects named in the tip
This also applies to the notification itself
The identity of the person concerned may only be disclosed to other people with the express consent of the person concerned (does not apply to official or court orders and, to a limited extent, to necessary investigations)
Data protection must be observed in the notification procedure
If the whistleblower suspects reprisals his employer, there is a reversal of the burden of proof in favor of the whistleblower
In addition to the whistleblower, persons who support the whistleblower, who are the subject of the notification or other persons who are affected by the notification

In the following FAQs for whistleblowers you will find comprehensive information and many details on the type and scope of the legal protective provisions.

The Whistleblower Protection Act (HinSchG) regulates the protection of natural persons who have become aware of grievances or legal violations and wish to report this. The basic prerequisite for protection is that you have learned about it in the course of your official, professional or entrepreneurial activity.

Protection includes the ban on reprisals against the whistleblower as well as high demands on the protection of his identity and data protection. This includes:

Confidentiality towards the whistleblower must be fully guaranteed in all reporting channels1
In the case of anonymous reports, the whistleblower must not be identifiable through technical measures
Unauthorized persons must not have access to the identity of the whistleblower or to the persons or suspects named in the tip
This also applies to the notification itself
The identity of the person concerned may only be disclosed to other people with the express consent of the person concerned (does not apply to official or court orders and, to a limited extent, to necessary investigations)
Data protection must be observed in the notification procedure
If the whistleblower suspects reprisals his employer, there is a reversal of the burden of proof in favor of the whistleblower
In addition to the whistleblower, persons who support the whistleblower, who are the subject of the notification or other persons who are affected by the notification

In the following FAQs for whistleblowers you will find comprehensive information and many details on the type and scope of the legal protective provisions.

FAQ for whistleblowers

Whistleblower Protection Act (HinSchG)

What grievances can I report?

Subtitle Title or Description

The basic prerequisite for the activation of the protective rights according to HinSchG is that I have become aware of a grievance or misconduct of a person in the context of an official, professional or entrepreneurial activity in relation to the employer concerned. Reports of purely private misconduct are not covered by the HinSchG.

The HinSchG applies to the reporting and disclosure of information about numerous abuses. This includes all criminal offenses under German law and, in general, all administrative offenses if the relevant regulations protect the life, limb or health of employees.

These include regulations on:

Occupational safety / protection against bullying and sexual harassment
Occupational health/safety
Violations of the minimum wage law MiLoG
Specifications of the Temporary Employment Act AÜG
Fine regulations for violations of information and information obligations in favor of organs of the works constitution (e.g. the works council)
as well as all other violations of legal regulations
product safety
Road safety / transport of dangerous goods
Environmental protection / radiation protection
Safety standards for drugs and medical devices
consumer protection
data protection
Security in information technology
procurement law
Accounting for corporations
Combating money laundering

Once your report has been received, you will be informed in the confirmation of receipt whether your report falls under the protective rights of the HinSchG.

How and where can I report a problem?

Subtitle Title or Description

Internal Reporting Offices

Every employer with 50 or more employees must set up an internal reporting office for information. It is required by law that notices can be given either in writing or verbally. A reporting point must also allow for a face-to-face interview within a reasonable time if this is expressly requested by the whistleblower. Such a conversation can also take place as a video conference if the whistleblower agrees.

The implementation of the reporting procedure can be outsourced to expert external reporting offices such as the hgp whistleblower portal for small and medium-sized businesses.

External registration offices (with authorities)

In addition to the internal reporting offices, external official reporting offices are also set up.

However, the HinSchG provides for preferential reporting of a tip to the internal reporting office. Only if you fear specific professional reprisals, such as dismissal, can you first contact an external official reporting office.

Especially neutral reporting offices such as the hgp whistleblower portal Mittelstand & Handwerk, to which companies can outsource their internal reporting office, stand for comprehensive protection of the whistleblower and for a proper and credible processing of information.

You can also contact an external reporting office if a violation that was initially reported internally has not been remedied after three months.

Under this link you will find information on external registration offices at the federal and state governments:

https://www.bundesjustizamt.de/DE/MeldestelledesBundes/MeldestelledesBundes.html

Do I have to disclose my identity?

Subtitle Title or Description

The HinSchG gives the employer the freedom to decide whether or not to accept anonymous information. The HinSchG does not expressly stipulate this. If your employer allows anonymous reporting, you can submit a tip on the hgp portal in an absolutely secure and unrecognized manner.

Does a whistleblower have to be able to prove the reported violation in order to receive protection?

Subtitle Title or Description

No. At the time of the notification, whistleblowers must have sufficient reason to believe that the reported information about violations is true and that this information falls within the scope of the HinSchG or the voluntary commitment of the company. If the violations cannot be proven later, this is not at the expense of the whistleblower.

However, this does not apply to knowingly or carelessly false reports. In this case, the "whistleblower" even has to reckon with sanctions and other negative legal consequences. In addition, he is obliged to compensate for the damage that has arisen from his intentional or grossly negligent reporting or disclosure of incorrect information.

Does it depend on the motivation of a whistleblower?

Subtitle Title or Description

No, that is not important in a notification procedure. The reason why a tip was made is irrelevant for the legal protection of the whistleblower.

Can a whistleblower simply address the public?

Subtitle Title or Description

Great caution is required here, because anyone who simply goes public with information about a grievance loses their property rights under the HinSchG. This means that the employer can, for example, terminate an employee based on his report.

Appealing to the public or the media is legitimate under the HinSchG under special conditions. In these cases, the whistleblower receives full legal protection rights.

What protection do I get as a whistleblower?

Subtitle Title or Description

If the whistleblower claims retaliation, the burden of proof is reversed against the employer. The latter then has to prove that it was not a matter of reprisals.

Reversal of the burden of proof applies in general, but the whistleblower must activate it himself. He does this by asserting to his employer that he suspects that he will experience discrimination as a result of his information.

What is retaliation?

Subtitle Title or Description

Retaliation is defined as punitive or retaliatory measures, or actions taken to put pressure on someone. The HinSchG prohibits employers from any kind of reprisals against a whistleblower. Reprisals under the HinSchG can be, for example:

Termination
Suspension and non-renewal of fixed-term employment contracts
Early termination or cancellation of a contract for goods or services
demotion or denial of promotion,
Failure of further training or business trips
task shift
Change of place or time of work, salary reduction
Complaints and other sanctions, disciplinary measures,
coercion or intimidation,
bullying and exclusion,
Damage to reputation, especially on social media

How do I get feedback and still remain anonymous?

Subtitle Title or Description

If your employer allows you to submit anonymous tips, you can use our hgp whistleblower portal to remain completely anonymous and still exchange information with us. If you submit your tip, you will receive a processing number and set a personal password that only you know. You can use this information to log back into the hgp whistleblower portal at any time and receive messages from us or send new messages about your tip to us.

What are the consequences of a false accusation?

Subtitle Title or Description

A willful false accusation is a serious offense. However, this does not apply if, when you submitted your report, you had reasonable grounds to believe that the reported information about personal misconduct was correct. This also applies if it cannot be proven within the framework of a notification procedure.

The situation is different if you make a knowingly or carelessly false report, for example to harm someone by making an untrue accusation and to destroy their reputation. Then, on the one hand, the protective rights of the HinSchG no longer apply. On the other hand, you have to reckon with consequences under labor law, civil law and possibly also criminal law. This can also justify termination.

In addition, you would be obliged to compensate for the damage resulting from the intentional or grossly negligent reporting or disclosure of incorrect information. From the thought of a hoax to attainment You should therefore urgently refrain from using it for personal gain or to take revenge for a perceived impairment.

What is the process after a report has been submitted?

1. Your reference
is received

Your report will be received by the hgp whistleblower portal for medium-sized businesses and crafts. Depending on the reporting channel you choose, this can be done in writing, verbally or, if necessary, in person.

2. Receipt
Confirmation

As the reporting office, we must confirm receipt of your report within a 7-day period.

3. Protection of your identity

As an internal reporting office, hgp takes measures to protect your identity in the process in accordance with the provisions of the HinSchG.

4. Queries
Initial assessment

Your note will now be checked in terms of content and form. Depending on the type of message, queries may arise; e.g. whether there are other witnesses or evidence of the facts.

5. Decision
further steps

Once all the information has been gathered up to this point, hgp will create a summary report and present it to the employer. The report contains an assessment of the tip and a recommendation for further action. This can be an investigation by the employer itself or by a neutral third party. However, in the event of insignificance or lack of plausibility, it can also be the recommendation to discontinue the notification procedure.

6. Examination
Final result

After the investigation has been completed and the facts have been clarified, a final assessment will be made. If there is personal misconduct, this can also lead to consequences under labor law and criminal law.

7. Remedial
measures

If irregularities are discovered, the employer takes measures to remedy them so that a repetition is avoided in the future. The completed notification procedure is documented and the report is archived for at least 3 years.

8. Completion
of the procedure

You will receive feedback on the notification procedure within three months of the confirmation of receipt of your report. This contains information about follow-up measures that are planned and already taken and the reasons for them.

However, the feedback must comply with the provisions of data protection and therefore does not usually refer to individual persons by name. It must also not interfere with ongoing internal inquiries or investigations.

This whistleblower portal is a service provided by

bbcom secure Deutschland gmbh
Data protection advice for Southern Germany

Kanalstraße 2/1 | D 88250 Weingarten
+49 7531 584 799 0
ObscureMail_info

Jhcon Datenschutzberatung
Data protection advice for Northern Germany

Königstraße 50 a | D-30175 Hannover
+49 (0) 511 5154 38 31
ObscureMailinfojhcon