Written by: Lena Fersch, Kliemt.HR Lawyers
The deadline for implementing the Whistleblower Directive expired on 17 December 2021 and Germany has not yet done so. What does this mean for employers in both the public and private sectors?
The deadline for implementing the European Whistleblower Directive ((EU) 2019/1937) into German law passed on 17 December 2021 without implementation. A draft bill on the Whistleblower Protection Act submitted by the Federal Ministry of Justice and Consumer Protection (Bundesministerium für Justiz und Verbraucherschutz), which was supposed to implement the Directive, failed in April 2021. Long overdue, the parties of the current government coalition now intend to finally get the German Whistleblower Protection Act off the ground.
What happens in the meantime?
The EU Whistleblower Directive requires organisations in the private and public sectors to establish safe and reliable channels for reporting breaches so that whistleblowers can report breaches without fear of reprisals. The aim is to create minimum standards for the protection of whistleblowers across the EU.
In principle, EU directives do not apply directly in the member states but must first be implemented into national law. However, the EU Whistleblower Directive gives the member states significant leeway in its implementation despite setting minimum standards. As a result, the German legislator may also introduce more extensive protection for whistleblowers.
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