As early as December 2019, the European Union’s Directive (EU) RL 2019/1937 (colloquially called the “Whistleblower Directive”) was adopted at the European level. This directive aims to strengthen the protection of persons who report possible legal violations committed by companies or authorities. The deadline for implementation of the directive was December 17, 2021. To date, it has not yet taken effect. The Federal Ministry of Justice (Bundesministerium der Justiz), however, on April 13, 2022, published a draft bill for the Whistleblower Protection Act (HinwSchG), which is expected to be adopted in the near future.
A particularly relevant question from the employer’s point of view, which already arises from the directive itself, is that of the establishment of reporting offices to which whistleblowers can turn if they believe they have identified violations of the law in companies. The directive provides for a two-track model for these reporting offices.
Article 11 of the directive would expressly require the establishment of external reporting channels at the state level. According to the current draft bill, the federal government would establish an external reporting office at the Federal Office of Justice (Bundesamt für Justiz).
The directive would not make it mandatory for companies to establish internal reporting channels. However, the draft bill would require certain employers—depending on the size of the company—to set up...
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