On 27 July 2022, the federal cabinet adopted the draft for a Whistleblower Protection Act (HinSchG). This draft is intended to implement Directive (EU) 2019/1937 of the European Parliament and the council of 23 October 2019 on the protection of persons who report infringements of European Union law (HinSch-RL). Originally, the EU member states were given an implementation deadline of 17 December 2021. Due to the failure to transpose the HinSch-RL into national law on schedule, the EU Commission initiated infringement proceedings against Germany and other EU member states in January 2022.
Even though the HinSchG has not yet been passed by the Bundestag and Bundesrat, employers are already encouraged to prepare for the establishment of the planned whistleblower protection systems in their companies. It is expected that the law will come into force in the fall of 2022 and will be followed by only a short transition period. This will require companies to act quickly with regard to the establishment of internal whistleblower protection systems. The core of these systems will be the establishment of so-called internal reporting offices.
According to the draft, the following points will be of particular importance and should be taken into account (the legal details refer to the draft of 27 July 2022):
On personal terms there is protection for (sec. 1 HinSchG):
All persons who obtain information about violations or potential violations in connection with...
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