The Whistleblower Protection Act (Hinweisgeberschutzgesetz), which will soon come into force in Germany, is a significant step towards protecting whistleblowers. Whistleblowers are individuals who expose wrongdoing or illegal activities in companies or public institutions, often at considerable personal risk. The new law aims to protect these individuals and provide them with adequate legal remedies.
A central component of the Whistleblower Protection Act is the creation of a comprehensive legal framework to protect whistleblowers. This includes protection from professional disadvantages, such as dismissal or transfer, as well as protection from legal consequences when whistleblowers disclose confidential information to expose wrongdoing.
The law covers a wide range of sectors, including the public sector, the private sector and even non-profit organisations. It applies to workers as well as to persons working on behalf of the employer, such as agency workers.
The law is expected to come into force still in June 2023. Companies with 250 or more employees will then have to set up internal whistleblowing systems. Companies with 50-249 employees have a transition period until 17 December 2023. The new law also provides sanctions for companies that mistreat or retaliate against whistleblowers. Fines can be imposed and in serious cases companies can even be excluded from public contracts.
Our law firm advises your company on whistleblower protection issues in Germany and supports you in setting up and operating the necessary reporting channels.
