Whistleblowing for companies
According to the Whistleblower Protection Act (HSchG), companies and legal entities in the public sector with more than 50 and fewer than 250 employees must have set up an internal whistleblower system since 17 December 2023. Whistleblowers must therefore be able to report information on legal violations within the company to this body.
The technology to be used and the means of communication with potential whistleblowers is not specified by law, but it must be possible to protect the confidentiality of the identity of the whistleblower and third parties mentioned in the report, which in itself can pose legal problems for the company, particularly under data protection law.
As a lawyer who is also certified as a compliance officer, I am not only subject to a strict legal duty of confidentiality, but can also manage the internal reporting office in accordance with the law and check the validity of any reports.
Reports via an internal reporting system can contain sensitive data about your company. Benefit from the legal obligation of confidentiality and the lawyer's right to refuse to give evidence to the authorities and outsource your legal obligation to set up an internal reporting office!
To implement the legal obligation, I act as an ombudsman and offer your company the following services:
I. Ombudsman's office
- Provision of an ombudsman's office in accordance with the legal requirements of the HSchG for the written submission of reports
- Meeting at the request of the whistleblower within the statutory period of 14 days
- Checking the validity of information received, including any further necessary communication with the whistleblower
- Deadline management in accordance with the HSchG (confirmation of receipt within 7 days, feedback to the whistleblower on follow-up measures taken or notification of the reasons why the report was not pursued further within 3 months)
- Documentation, recording and storage of information in accordance with legal requirements
- Feedback to the company including an initial legal statement.
II. Training for the implementation of the internal office in accordance with the HSchG
- Workshop for employees (training introduction to the topic of whistleblower protection, personal and material scope of application, access to the ombudsman's office, procedures, etc.)
- Handout
- Preparation of information material regarding access to the ombudsman's office.
