On July 2, 2023, the new German Whistleblower Protection Act (Hinweisgeberschutzgesetz – HinSchG) took effect. The law contains comprehensive provisions for the protection of whistleblowers. At the same time, it obliges all companies with at least 50 employees to establish internal reporting channels. This article summarizes the key provisions of the new law.

Quick Hits

• The Whistleblower Protection Act requires all companies with 50 or more employees to establish internal reporting channels.
• Whistleblower protections cover allegations of criminal behavior and violations of occupational health and safety regulations, minimum wage regulations, regulations under the Posted Workers Act, and regulations on labor leasing, as well as EU regulations.
• The Whistleblower Protection Act took effect on July 2, 2023.

Scope of Application

The Whistleblower Protection Act covers a wide range of legal violations. In addition to criminal offenses, its scope of application includes but is not limited to violations of regulations for the protection of life, limb, or health and any rights of employees or their representative bodies that are subject to fines. These include, for example, occupational health and safety regulations, minimum wage regulations, regulations under the Posted Workers Act (Arbeitnehmer-Entsendegesetz – AEntG), and regulations on labor leasing (Arbeitnehmerüberlassung). Furthermore, according to the European Union (EU) directive underlying the Whistleblower Protection...

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