Germany. On 5 April 2022, the Federal Ministry of Justice forwarded a draft for a Whistleblower Protection Act to the other ministries for voting. This marks the beginning of the implementation procedure of the so-called EU Whistleblower Directive, which has been overdue since 17 December 2021.
What is it about?
The EU issued a directive on the protection of whistleblowers in October 2019 (the so-called Whistleblower Directive). However, EU directives – unlike EU regulations – must first be transposed into national law and usually do not have direct effect. The new Whistleblower Protection Act is intended to implement this directive in Germany. Up to now, there has only been a patchy protection in Germany, developed through case law, especially of the labour courts, for persons who give notices about criminal conduct in companies and authorities. The new law specifies certain protective measures in favour of whistleblowers and prescribes internal and external procedures for reporting violations of the law (so-called reporting channels).
Which companies are affected?
With regard to the protective measures provided for in the draft, all companies that employ at least one person are affected. Among others, employees, persons similar to employees and trainees are protected. With regard to the establishment of reporting channels, in principle only companies with at least 50 employees are affected, as well as companies from certain sectors regardless of the number of employees....
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