Hans-Ulrich Terme
Florian Riedig
Söhnke Salzmann
Whistleblower Protection Act (HinSchG) or Whistleblower Act
The HinSchG is the German implementation of the EU Whistleblower Directive - 2019/1937.
From 03 July 2023, the Whistleblower Protection Act (HinSchG) will apply in Germany to companies with 250 or more employees and from 17 December 2023 to all companies with 50 or more employees.
Our sister company CertLex AG offers fully comprehensive solutions with its digital whistleblower system "Nightingale".
Whistleblowing is the reporting of information about wrongdoing in companies and public institutions by employees, customers or suppliers as whistleblowers.
A grievance is defined as any activity that is undesirable, unlawful or immoral.
The aims of the HinSchG are to protect whistleblowers who report company-related violations of the law from reprisals and to support the transparency and detection of violations of the law.
Companies with 50 or more employees as well as public authorities, public institutions and municipalities are obliged to introduce a reporting system. The confidentiality of the whistleblower must be protected by the reporting system. The reporting system also protects whistleblowers from reprisals by shifting the burden of proof.
The protected persons include whistleblowers who work in the private or public sector and have obtained information about violations in a professional context: e.g. employees, self-employed persons, shareholders, members of executive bodies, persons who are in an instruction relationship with the client or supplier. Furthermore, it is regulated:
- Protection of persons who are the subject of a report or disclosure (presumption of innocence).
- Protection of persons affected by a report or disclosure (presumption of innocence).
The material scope of application includes the reporting and disclosure of information on violations that are subject to criminal penalties and fines, as well as other violations of federal and state legislation and directly applicable legal acts of the EU and the European Atomic Energy Community (minimum requirement EU RL 2019/1937).
Together with our sister company CertLex AG, our team tailors the reporting channel to your company, right up to complete outsourcing.
Our services:
- Online reporting channel
- Online administration platform
- Compliance training & report
- Telephone reporting channel
- Case management level 1: Recording & logging
- Case management level 2: Initial assessment & plausibility check
- Case management level 3: Legal review
- Ombudsman position
- Individual additional advisory service
- Full compliance with all requirements of the Whistleblower Protection Act (HinSchG)
Ihre Ansprechpartner an unseren Standorten
Florian Riedig
Telefon: +49 (0)40 3609719-12
E-Mail: riedig(at)certlex.de
Hans-Ulrich Terme
Telefon: +49 (0)561 96996-14
E-Mail: terme(at)certlex.de
Any further questions?
E-Mail: info(at)bfu-ag.de
Tel.: +49 (0)561 96996-0