The EU Whistleblower Directive

This means that the EU Whistleblower Directive has now been finally transposed into national law. The new Act will come into force in Germany in June 2023.

Whistleblower protection mandatory if more than 249 employees

Companies with more than 249 employees must set up a whistleblower protection system after the new Act comes into force. Otherwise, there is a risk of a heavy fine as well as the leakage of critical internal company information or even know-how by company employees. Furthermore, processing and feedback processes must be established and documented in a legally compliant manner in order to adhere to the legal deadlines and the strict confidentiality of incoming reports.

Gradual expansion: Whistleblower protection if more than 49 employees by the end of 2023

The aim of the Whistleblower Protection Act is to protect whistleblowers from reprisals. This should make compliance violations more visible for the company concerned, but also for the authorities, presenting both an opportunity and a risk for companies.

Companies with more than 249 employees must immediately establish and operate a whistleblower protection system. The law also provides for the gradual extension of the obligation to implement a whistleblowing system: As from 17 December 2023, whistleblower protection must also be set up and operated in companies with 50 or more employees.

Regardless of where you are in the realisation of the HinSchG: With our advisory services, we help you to make this legally secure - if you wish, we can also take over the tasks of the internal reporting office completely for you.

Do you already have a whistleblowing system in place?

• Using digital GAP analysis, we can check with you in a simple and efficient way how far your system complies with the requirements of the Whistleblower Protection Act and identify any necessary adjustments.
• If you have questions about the organisation of group-wide whistleblowing systems, we can provide pragmatic solutions and support you with the corresponding roll-outs (also at an international level).
• If required, we can take over the operation of the internal reporting office for you (including carrying out the necessary relevance checks of incoming reports, deadline and feedback management, etc.). 

You do not yet have a whistleblowing system in place?

• We offer two options to meet the requirements of the Whistleblower Protection Act:

a. We can provide you with a digital (web-based) whistleblowing system and take over the operation of the internal reporting office for you (including carrying out the necessary relevance checks of incoming reports, deadline and feedback management, etc.) and give you an initial recommendation for action. By submitting and receiving anonymous reports digitally, you not only fulfil the formal requirements of the German Whistleblowing Act, but also increase the acceptance of your whistleblowing system.

b. If you would like to get an overview of the different solutions first, we can provide you with a confidential, lawyer-protected whistleblowing email address “branded” to your company (companyname.whistleblowing@taylorwessing.com). In this way, we would immediately support you in meeting the requirements of the new Act. We would process the incoming information for you (including relevance check of incoming reports, deadline and feedback management, etc.) and provide you with an initial recommendation for action.

• We can equip you with the necessary paperwork for the establishment of whistleblowing processes (in particular guidelines, company agreements, confidentiality obligations).
• We can support you in organising the appropriate internal reporting office for your company (e.g. email, hotline, ombudsperson, technical solution, etc.) and, if requested, advise you on setting up a technical (web-based) whistleblowing system.