The Whistleblower Protection Act (HinSchG) came into force on 2 July 2023. The aim of this legislation is to provide greater legal certainty for people who report abuses or violations of the law within a company and to protect them from discrimination.
To this end, external reporting offices are being set up at federal and state level to which whistleblowers can turn. Anonymous reports can and should also be heard here. Anyone who has sufficient reason to believe that he or she will suffer reprisals if he or she makes a report may even be allowed to disclose the information under certain circumstances and is protected by the HinSchG, in particular from the civil law consequences of such disclosure.
Larger companies are required by the HinSchG to establish internal reporting points and procedures. Companies with 250 or more employees are required to do so; from 17 December 2023, this threshold will fall to 50 employees. Certain companies are covered regardless of the number of employees (e.g. credit, financial services and investment services institutions).
The internal reporting offices to be established must be independent and allow employees (including temporary workers) to report complaints confidentially and without fear of reprisal. However, as explicitly stated in the HinSchG, anonymous reporting does not have to be possible.
Whistleblowers can claim compensation from employers if they suffer reprisals as a result of their report. On the other hand, they are also liable for damages themselves if they make a false report.
Companies that do not set up an internal reporting office despite the legal obligation to do so can be fined up to EUR 50,000 from 1 December 2023. The implementation of the provisions of the HinSchG should be tackled quickly, especially if a works council is to be involved.
(22 September 2023)