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HinSchG Softwarelösung Scopewire

Whistleblower Protection Act (HinSchG)

What you need to know.

The Whistleblower Protection Act
Important information

The Whistleblower Protection Act (HinSchG) has been in force since July 2023. What obligations does it impose on employers and how can it be successfully implemented? You can find all the important information, practical tips and background information here.
HinSchG Geberschutz Legal und Compliance Lösung

Current status of the Whistleblower Protection Act: Since July 2, 2023, the German Whistleblower Protection Act has been binding for all companies and public institutions with at least 50 employees. They must set up an internal reporting channel, such as a whistleblower system. The absence of such a system can result in heavy fines.

The law aims to protect whistleblowers from reprisals if they obtain information about violations in the course of their professional activities and pass this on to the reporting bodies.

Further training on the Whistleblower Protection Act:

Training app for employees
Further training with our training partner “Herkules Business Trainings”
Advice from our partner law firms
Hinweisgeberschutzgesetz
Whistleblower Protection Act (HinSchG) at a glance:
  • Obligation to set up a whistleblowing channel
    Companies and public institutions with 50 or more employees and municipalities with 10,000 or more inhabitants must introduce a secure, internal whistleblower channel.
  • Broad scope of application
    The HinSchG applies to violations of EU and national law.
  • Identity and data protection
    Organizations must protect the identity of data subjects and comply with GDPR requirements.
  • Reporting channels
    Notification must be possible verbally or in writing and, if desired, in person.
  • Confirmation of receipt
    The Reporting Office must confirm receipt of the report to the whistleblower within seven days.
  • Information on follow-up measures
    The Reporting Office must inform the whistleblower within three months of any follow-up measures taken.
  • Provision of information
    Companies must provide information on the competent supervisory authority or authorities.
What do companies need to consider when implementing the Whistleblower Protection Act (HinSchG)?

  1. Internal reporting channels: Companies must set up internal channels for confidential and anonymous whistleblowing.

  2. Confidentiality: The identity of whistleblowers must be treated confidentially.

  3. Protection against discrimination: Companies must not discriminate against whistleblowers.

  4. Prompt investigation: Information received must be taken seriously and investigated promptly.

  5. Reporting obligation: Certain incidents must be reported to the supervisory authority.

Please note that this is not legal advice. 

Was UNternehmen beim Hinweisgeberschutz beachten müssen, Personen
Bild zu Fristen beim Hinweisgeberschutz
What deadlines must be observed in the procedure for incoming information reports?

  1. Confirmation of receipt within 7 days of receipt of notification

  2. Feedback on follow-up measures taken within 3 months

  3. The documentation of tip-off reports must be deleted 3 years after completion of the respective procedure

  4. The documentation may be kept for longer if this is necessary and proportionate to fulfill the requirements of the HinSchG or other regulations

  5. Whistleblowers must be given the opportunity to check the records or transcripts of their reports, correct them if necessary and confirm them by signature or electronically.

Please note that this is not legal advice. 

Frequently asked questions:

Here you will find all the important information about the Whistleblower Protection Act (HinSchG).

Who is affected by the Whistleblower Protection Act?

Companies with more than 250 employees must have introduced secure reporting channels from July 2, 2023. From December 2, 2023, fines may be imposed if no internal reporting system is in place. Since December 17, 2023, this obligation also applies to companies with 50 to 249 employees.

Regardless of the number of employees, internal reporting offices must be set up in certain areas, such as the financial sector (Section 12 (3) HinSchG).
Does the Whistleblower Protection Act also apply to municipalities?
The public sector, including cities and municipalities with a population of more than 10,000 inhabitants, are also affected by the law.
Are associations also affected by the Whistleblower Protection Act?
Yes, associations may also be affected by the Whistleblower Protection Act, especially if they are of a certain size or legal form and therefore meet the criteria of the Act. It is advisable to check the specific provisions of the Act and any exemptions or requirements for associations to ensure that all relevant legal obligations are met.
Who could be the persons providing the information?
Whistleblowers may be employees, staff, contractors or other persons working inside or outside an organization who wish to report information about possible violations of laws, regulations or company policies.
What does the reversal of the burden of proof in favor of the whistleblower mean?
The reversal of the burden of proof in favour of the whistleblower means that in the event of a legal dispute or an investigation into suspected violations of laws or company guidelines, the organization against which the whistleblower is directed bears the burden of proof to show that no violation has occurred. This creates protection for the whistleblower and makes it easier for them to report possible violations without having to fear that they will have to provide proof (Section 36 (2) of the Whistleblower Protection Act). 
Are companies, associations and local authorities permitted to share or outsource internal registration offices?
Legislation allows organizations with 50 to 249 employees to share their whistleblower systems. Companies and groups can also use joint reporting channels regardless of their size. In such cases, the parent company can assume the role of supervisor of the reporting office. It is also possible to outsource the reporting office to an external institution, such as an ombudsperson or law firm.
Can a whistleblower also go public?
A whistleblower can go public under certain circumstances. However, it is important to note that this is often associated with risks and can have legal consequences. In some countries and jurisdictions, there are laws that regulate the protection of whistleblowers and grant them certain rights, including the right to make information public if internal reporting channels do not work or there is evidence of serious wrongdoing. It is advisable to consult legal advisors or experts before acting to weigh up the potential risks and consequences.