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 1. Homepage
 2. News
 3. News / Blog
 4. German Bundestag passes Whistleblower Protection Act: What
    innovations are now important for companies

Felix Weidenbach

Felix Weidenbach
Partner
Attorney-at-Law (Rechtsanwalt)

Dr. Stefan Messmer

Dr. Stefan Messmer
Partner
Attorney-at-Law (Rechtsanwalt)

Christine Ostwald

Christine Ostwald
Director
Attorney-at-Law (Rechtsanwaltin), Specialist Lawyer in Labor Law

German Bundestag passes Whistleblower Protection Act: What
innovations are now important for companies

Felix WeidenbachDr. Stefan Messmer Christine OstwaldLaw 12/16/2022

After a long period of silence about the Whistleblower Protection Act
(HinSchG), there is now certainty: This morning, the Bundestag passed
the HinSchG in a slightly modified form in its second and third
readings.

The law is expected to come into force after the Bundesrat's
involvement in the first quarter of 2023. At such date, companies
with generally 250 employees or more must have implemented an
internal reporting channel. Employers with generally 50 up to 249
employees will belong to the group of obligated parties from December
17, 2023. The most important changes at a glance:

Group-wide solution possible

It will still be possible to establish an internal reporting channel
within a group centrally at the group parent company as a "third
party". However, the original responsibility for following up and
remedying the identified violation remains with the respective
company.

Anonymous reports possible

The draft law had initially stipulated that reporting channels would
not have to deal with anonymous reports and that non-anonymous
reports would be given priority. In the final stretch, the legislator
added the requirement for companies to enable the filing of anonymous
reports and ensure that these will be processed. 

Internal reporting channel has priority

Employers are required to provide clear and easily accessible
information on how to use the available reporting channels. Now,
employers must also provide incentives for whistleblowers to
primarily file their reports through the internal reporting channel
before filing them through any external reporting channel.

Compensation obligation also for non-pecuniary damage

No reprisals may be used against whistleblowers, including, for
example, dismissal, a warning, but also the denial of a promotion or
bullying. In the future, whistleblowers will also be able to demand
appropriate compensation in money if the reprisal has caused
non-pecuniary damage.

Felix Weidenbach

Felix Weidenbach
Partner
Attorney-at-Law (Rechtsanwalt)

Dr. Stefan Messmer

Dr. Stefan Messmer
Partner
Attorney-at-Law (Rechtsanwalt)

Christine Ostwald

Christine Ostwald
Director
Attorney-at-Law (Rechtsanwaltin), Specialist Lawyer in Labor Law

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