I Background

On May 12, 2023, the German legislator passed the new Whistleblower Protection Act (Hinweisgeberschutzgesetz - "HinSchG”), which transposes Directive (EU) 2019/1937 into national law. The act requires employers to establish internal reporting channels and to protect whistleblowers by treating their identities as confidential. It also prohibits unjustified discrimination such as dismissal, warning, denial of promotion or bullying. At the same time, the act addresses the risk of reputational damage to companies and public authorities by establishing incentives for preference of internal reporting channels and by allowing public disclosure only as a secondary option under specific conditions.

II The protection of whistleblowers and others

1. Who is protected by the HinSchG?

The protection extends to whistleblowers themselves, as well as to persons who are subject of or otherwise affected by a report. This also includes the protection of the rights and confidentiality interests of concerned legal entities.

2. When is the reporting of a violation protected?

A whistleblower is protected when their report meets each of the following requirements:

• The report must concern information on a violation (i) that constitutes a criminal offense under German law, or (ii) of a provision that serves to protect life, body or health or the rights of employees or their representative bodies and is subject to a fine, or (iii) of specific German federal or state legislation or...

Read Full Story: https://news.google.com/rss/articles/CBMiU2h0dHBzOi8vd3d3LmxleG9sb2d5LmNvbS9s...