Whistleblower Protection Act
The holistic solution for meeting legal requirements
In order to comply with the Whistleblower Protection Act, neutrality, discretion and a high level of professional expertise are required. Outsource the entire process to us to ensure all legal requirements are met.
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Whistleblowers are persons who publish information from a secret or protected context or who expose abuses that are important for the public to know. Whistleblower disclosures of abuses or crimes include corruption, insider trading, human rights violations, misuse of data, or general dangers that the whistleblower learned about at work or in other contexts. In general, this mainly concerns processes in politics, public authorities and business enterprises. Source: Bundesregierung.de
Since July 2, 2023, companies with 250 or more employees and municipalities with 10,000 or more inhabitants have been required to introduce an internal whistleblowing office that effectively protects whistleblowers. As of mid-December 2023, the law will also apply to companies with 50 or more employees. This grace period does not apply to public sector employers.
In order to be able to comply with the Whistleblower Protection Act in all respects responsibly and in the spirit of legislation in Germany and compliance, a consistent process must be established within the company. This is the only way to comply with all legal requirements and conditions and to avoid fines.
- All employees must have access to a hotline that allows them to enter reports while maintaining confidentiality.
- People charged with the task must be available who can organize the processing of incoming reports even in the event of a large rush. These employees, who may also be external, must be trained and must also be available in large numbers at all times in the event of incoming reports.
- Incoming reports must be processed in accordance with the law and in a timely manner in order to fulfill all requirements and contribute to clarification.
Professional service providers: audius and whistle.law
audius offers support for companies of all sizes in cooperation with the security expert and cloud provider whistle.law. The entire process surrounding the new legislation is thereby outsourced and covered. Your employees are not burdened with additional tasks - and all this at transparent prices with no hidden costs, as a predictable fixed figure in the budget.
The offer
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Important basis for the fulfillment of the law: A reporting channel accessible to all employees outside the company’s systems in the cloud - independent of the company IT, available on all devices at all times, and only viewable by a specific group of people. Programmed and hosted in Germany, the software is DIN 27001 certified and DSGVO compliant.
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Only an external ombudsperson who does not belong to the company can act neutrally and objectively without any conflicts of interest arising. The specialists we employ have many years of expertise, act discreetly and on instruction, and take organizational responsibility for the entire process.
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All-round service for your company
A cloud-based reporting platform plus experienced ombudspersons: With this holistic solution, we can relieve you of the high organizational burden that the Whistleblower Protection Act entails.
Your team will only be specifically involved in individual cases as needed, keeping workload and time management manageable for your staff. This way, you can always be sure to act in compliance with the law and within the legal deadlines, thus reducing the risk of investigations, legal proceedings or fines.
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Our answers to frequently asked questions
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When does the Whistleblower Protection Act come into force?
The transitional period has now expired. Since July 2, 2023, companies with 250 or more employees and since December 17, 2023, companies with 50 or more employees must implement the Whistleblower Protection Act.
What do companies need to do?
Companies must set up a mandatory reporting channel for reporting under the German Whistleblower Protection Act (HinSchG) and create a process for dealing with these reports.
Is an ombudsperson mandatory?
The HinSchG does not provide any specific requirements for the organization of the internal reporting office or the determination of the responsible processor.
Therefore, as an alternative, third parties can also be commissioned to perform the tasks of the internal reporting office and the processing of reports can be outsourced to external service providers as third parties, so-called ombudspersons.