This means that the EU Whistleblower Directive has now been finally transposed into national law. The law came into force in Germany in July 2023.
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.
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.
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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.
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.
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