The importance of whistleblowers has also become more apparent in the EU in recent years. Two years ago, the member states adopted a directive on the protection of whistleblowers (Whistleblower Protection Directive).

The EU member states have until December 17, 2021 to enact national laws that comply with this directive. As the German government failed to agree on a draft law during the last legislative period, it is unlikely that a corresponding whistleblower protection law will come into force by the deadline. Nevertheless, companies should take action now. After all, whistleblowers will be able to refer to the guidelines and claim compensation from December 17.

What does whistleblower protection mean?

Whistleblower protection means that people (whistleblowers) who uncover illegal abuses by making a report and thus support society are protected from reprisals by law. Whistleblowers have not yet received comprehensive protection. All too often, they are stigmatized as "informers" or "block watchers". In order for people to dare to bring wrongdoing to light, the professional use of whistleblower systems is required in companies and in the public sector.

What do companies need to know about the Whistleblower Protection Act?

• Companies and organizations with 50 or more employees must introduce secure internal whistleblowing systems.
• It must be possible to submit a notification verbally, in writing and, if desired, in person.
• The internal registration office must confirm receipt of the notification within 7 days.
• Within three months, the reporting office must report back to the whistleblower what measures have been taken as a result. 

What is meant by whistleblower system?

The EU Directive refers to reporting channels. These can be contact persons within the company - for example someone from the compliance or legal department - who can be reached by telephone and in writing. Alternatively, the company can appoint an external contact person. Electronic whistleblowing systems are another option. Here, reporters can decide whether to remain anonymous or reveal their name. The report is then received either by an internal department or by an external lawyer. Large companies often offer several options.

Set up internal compliance structures!

It is advisable to set up professional internal compliance structures in good time in order to prevent whistleblowers from reporting via external reporting channels. This is because a whistleblower system is particularly effective if it is embedded in a trusting and transparent corporate culture. Good internal communication is of particular importance here.

The pme Familienservice offers an "Integrity Service" as an external point of trust. If you have any questions about this, please do not hesitate to contact our business customer advisors .

Sources:

https://www.business-keeper.com/wissen/blog/artikel/hinweisgeberschutzgesetz
https://www.dw.com/de/wo-whistleblower-hilfe-bekommen/a-59816192
https://www.dw.com/de/eu-will-whistleblower-besser-sch%C3%BCtzen/a-48355294
https://www.sueddeutsche.de/wirtschaft/whistleblowing-compliance-hinweisgebersystem-1.5472153

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