The legal requirements for doing business have been tightened considerably in recent years. A number of legal provisions and court rulings now have to be taken into account in “normal” commercial transactions. This does not only apply to mediumsize and large companies: the demands on small firms are also increasing. In many cases, however, there is a lack of human, organisational and financial resources.

Set-up of whistleblower system is mandatory

After published in the Federal Law Gazette, the Whistleblower Protection Act („HinSchG“) came into force on 2 July 2023. The basis of the HinSchG is the EU Directive of 23 October 2019 on the protection of persons who report infringements of Union law.

With the new legal challenge, not only private employers, but also public employers are affected by its effects. In addition to authorities and administrative bodies at federal, state and municipal level, these are public associations, municipalities, municipal management companies, institutions and foundations under public law, courts and other bodies.

The Whistleblower Protection Act shall protect individuals who report statutory violations in companies or public authorities. The legal requirements for which you should make preparations at an early stage are, as of today, as follows:

• Private and public employers with more than 50 employees must provide an internal whistleblowing system. This also applies to municipalities with at least 10,000 inhabitants.
• The internal reporting channel must be designed, set up and operated so securely that the identity of the whistleblower and of third parties mentioned in the report remains confidential.