We also offer whistleblower systems as part of our compliance consulting.
A whistleblower system is a tool that enables employees and other affected parties to anonymously and securely report wrongdoing or unlawful conduct in companies or institutions. The system is designed to promote a culture of openness and transparency and to help minimise potential damage to the company and strengthen public trust. For example, a whistleblower system can help uncover corruption, fraud, discrimination or other violations of laws or company policies. In addition, whistleblowers who can first turn to a trusted entity within the company are less motivated to inform external bodies such as the press or the public prosecutor's office. In this way, the company is given the opportunity to uncover and remedy any compliance violations itself and to avert damage to its reputation as far as possible.
A whistleblower system in companies has already been an integral part of a functioning compliance management system. Due to the so-called EU Whistleblower Directive of 23 October 2019 (2019/1937), the German legislator has in the meantime passed the Whistleblower Protection Act (“Hinweisgeberschutzgesetz”), according to which companies with more than 50 employees are obliged to set up a whistleblower system.
In addition, since 01.01.2023, the Supply Chain Due Diligence Act (“Lieferkettensorgfaltspflichtengesetz”) obliges companies with at least 3,000 employees to set up an internal company complaints procedure that enables employees as well as outsiders to point out human rights and environmental risks or report breaches of duty. From 1 January 2024, this obligation will also apply to companies with 1,000 or more employees.
We offer whistleblower systems through ombudspersons with legal privileges, which comply with the requirements of the Whistleblower Protection Act (“Hinweisgeberschutzgesetz”) and the Supply Chain Due Diligence Act (“Lieferkettensorgfaltspflichtengesetz”).
Please do not hesitate to contact us.
Attorney at law Katharina Dierlamm, LL.M.
Partner and Board Member of the German Ombudsman Association
Phone: +49 (0)162-2637574