Germany adopted the Whistleblower Protection Act (‘Act’) on 12 May, which implements the EU Whistleblowing Directive (‘Directive’). It will enter into force one month after the publication in the German Federal Law Gazette. This is an important development as to date, regulations on whistleblower protection in Germany have only existed in certain industries, such as the financial sector.
I. Scope of Application
The Act defines whistleblowers as natural persons who have obtained information about violations of the law as defined below in connection with their professional activities or in the run-up to professional activities and who report or disclose such information to the relevant reporting bodies. This includes applicants or former employees. It does not cover anyone who becomes aware of violations exclusively in a private context.
Only persons who report to the reporting bodies provided for in the Act or - if special conditions are met - disclose information publicly are protected. If employees choose other ways to report violations (e.g., to their supervisor or the works council), they will not be in scope and thus not be able to call for the protection as established by the new law.
In addition to whistleblowers, the personal scope of application also includes persons who are the subject of a report or disclosure, as well as other persons who are affected by a report or disclosure, such as witnesses.
The material scope of application of the Act, goes beyond that of...
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