Düsseldorf, June 14, 2023 – The Act Implementing the Whistleblower Directive (“Whistleblower Protection Act”- HinSchG) was promulgated on June 02, 2023, and comes into force one month after promulgation on July 02, 2023. Companies with 50 or more employees are required to set up whistleblower systems within a specified period. A transitional arrangement applies to companies with up to 250 employees: They do not have to implement the regulations until December 17, 2023.
1. BACKGROUND
The aim of the Whistleblower Protection Act (HinSchG) is to implement the so-called Whistleblower Directive (EU) 201971937 of October 23, 2019, for improved whistleblower protection and to create legal certainty when reporting or disclosing wrongdoing in companies and public authorities. The aim of the law is the protection of so-called “whistleblowers”, i.e., natural persons who have obtained information about violations throughout their professional activities and carry this information to designated reporting channels. In addition to persons who report breaches of Union law, the HinSchG also covers whistleblowers who report violations of national law.
2. WHO IS AFFECTED BY THE ACT?
In principle, whistleblower systems must be set up by legal entities in the private sector with at least 50 workers. All enterprises having up to 250 employees must have implemented the requirements of the Whistleblower Protection Act by December 17, 2023, at the latest. Companies with a...
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