Complass
Whistleblower protection: setting up and running an internal reporting office under the HinSchG
An employee notices that inspection records are being falsified. Whether she reports it depends on whether she trusts your reporting office. Since 2023 this office has been mandatory for employers with as a rule 50 or more employees.
The German Whistleblower Protection Act (HinSchG) transposes Directive (EU) 2019/1937. Employers with as a rule at least 50 employees and certain financial undertakings of any size must set up and operate an internal reporting office that accepts reports confidentially, meets deadlines and protects reporting persons against retaliation.
The whitepaper explains the duty and scope, organisational forms and expertise of the reporting office, reporting channels and anonymous reports, confidentiality and its exceptions, deadlines of seven days and three months, documentation and deletion, protection against retaliation with reversal of the burden of proof, fines and the external reporting offices of the Federal Office of Justice, BaFin and the Federal Cartel Office, with a 10-step plan and a practice example.
Each obligation chapter includes a short "Implementation in Complass" box on the HinSchG module and the whistleblower system; only published features are named.
15 pages · Version 1.1 · as of · Author Marc Linden, Complass GmbH
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