After the first failure of the draft bill for a Whistleblower Protection Act (HinSchG) on 10 February 2023 due to the approval of the Bundesrat (we reported), the subsequent planned splitting of the regulations into two laws by the Bundestag (we also reported on this) could not lead to a final solution. In the end, the mediation committee had to be invoked, which has now recommended a resolution for a final draft of the HinSchG on 9 May 2023.
Which changes were proposed by the Conciliation Committee?
There is no obligation to process anonymous reports
Probably the most significant change has been made to the regulation in section 16 para.1 HinSchG. Contrary to what was previously envisaged, IROs are now not (or no longer) obliged to receive and process anonymous reports. According to the wording of the norm, however, the FIU "should" also process anonymous reports. Whether companies make use of this, however, is ultimately a purely company-political decision and not specifically prescribed by the legislator. In order to strengthen trust in the internal reporting office, an anonymous procedure can at least be a viable option.
Restrictions in the case of violations
Section 3 para. 3 of the HinSchG now also explicitly clarifies that it is only a "violation" in the sense of the legal regulations if it occurs "at the employer where the whistleblower is or was employed or at another office with which the whistleblower is or was in contact due to his or her professional...
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