For whom the Whistleblower Protection Act is relevant
The Whistleblower Protection Act is important for all companies.
Many articles deal with deadlines for setting up whistleblowers, but that's not the main point: starting July 2, 2023, there will be special protections for whistleblowers, regardless of industry or company size. However, larger companies and certain industries are likely to be more affected.
However, the law is not intended to be used for complaining. It restricts in great detail who may report what. This is to ensure that reports are limited to relevant topics. As an entrepreneur, you can view the reporting channels as an early warning system that allows you to identify grievances at an early stage. So it also has advantages for you if you use it correctly.
When you
- work in the financial or insurance sector, you must have an internal reporting office in place as of July 2, 2023.
- 50 to 249 female employees (excluding the financial and insurance sectors), you must have an internal reporting office in place as of December 17, 2023.
- have at least 250 female employees, you must have an internal reporting office in place as of July 2, 2023.
Fines of up to €50,000 may be imposed for violations of the law as of December 1, 2023.
Anyone who can give clues
Whistleblower can become any natural person who has a professional connection with the company. You must consider this description as openly as possible. It may include these groups:
- Employees
- former employee
- Applicants
- Interns, freelancers, temporary workers
- Suppliers and their employees
- Customers and their employees
- Shareholders, Members of Supervisory Boards
- ...
What can be reported
The Whistleblower Protection Act does not, of course, affect the atmosphere in the team, but it does affect a great many cases of violations of laws and regulations. §2 in the text of the law provides a detailed list.
In general, all violations that may result in a penalty or fine, endanger life, limb or health, or affect employee rights can be reported. Conversely, this means that reports of wrongdoing that may be morally reprehensible are not necessarily covered by the law.
It is also important to note that even a reasonable suspicion of such a violation or knowledge of its cover-up will permit a tip-off.
How to give hints
First and foremost, companies must provide internal reporting channels that whistleblowers should use as a first point of contact.
It must be possible to give hints in the following ways:
- verbally (example: a telephone number specifically set up for notices)
- in text form (example: a corresponding software or an e-mail address specially set up for notices) - Attention: The law specifically speaks of "text form". In contrast to "written form", this term is generally understood by lawyers to refer to digital recording. A complaint letterbox will probably not meet the requirement, but future case law will have to show that.
- In person at the request of the person providing the information (this includes video conferencing).
If there is no internal reporting office or whistleblowers suspect that their tips are not being handled properly (for example, too late, without necessary consequences, or if they themselves are prosecuted for the tip), they can use the central external reporting office of the federal government: The Federal Office of Justice. You certainly want to avoid that.
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