After long negotiations, the German Whistleblower Protection Act (HinSchG) was passed by the German legislature on Friday, 12 May 2023. The law is expected to take effect one month after promulgation, i.e., probably in June 2023. It is intended to make the European Whistleblower Directive of 23 October 2019 (Directive (EU) 2019/1937) into national law. To date, there have been no or only a few specific legal requirements in Germany for dealing with whistleblower reports in companies. This is going to change in the future.

The requirements of the law can be summarized as follows:

• The law applies to the reporting of legal violations committed in the workplace or in another institution with which the whistleblower is in contact due to his or her professional activities.
• It requires companies with 50+ employees in Germany to install and operate secure internal reporting systems.
• In group structures, it may be considered to set up a group-wide central reporting office, as this is possible according to the HinSchG. Whistleblowers must be given the opportunity to submit reports verbally, in writing, or, if they wish, in person.
• Upon receipt of a message, certain deadlines arise for the internal reporting office. Receipt must be confirmed to the whistleblower within seven days, and the whistleblower must be informed within three months of the measures taken (e.g. initiation of internal investigations or forwarding of the report to the responsible authorities).
• The HinSchG does...

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