Numerous legal developments have made the issue of whistleblower protection more topical than ever. For example, the EU Whistleblower Directive (2019/1937) requires companies with at least 250 employees to establish effective, confidential and secure reporting channels (so-called internal reporting channels) for violations of EU law – and national law, if applicable – and to effectively protect whistleblowers from undue reprisals. As of December 17, 2023, this requirement also applies to companies with more than 49 employees. Implementation of the EU Whistleblower Directive in Germany through the new Whistleblower Protection Act (Hinweisgeberschutzgesetz- „HinSchG“) is imminent.

In addition, the new Act on Corporate Due Diligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz –„LkSG“) also sets minimum standards that companies will have to observe in the future with regard to maintaining a whistleblowing system.

Our competencies at a glance – Implementation of whistleblowing systems

The implementation and management of a whistleblower system triggers numerous legal questions in the area of compliance as well as in labor and data protection law. We support you both in analyzing existing structures and those to be created and in implementing the necessary measures. This includes: 

• Risk awareness measures
• Preparation of shareholder/management resolutions
• Delegation of duties of executive bodies to avoid liability
• Implementation of whistleblowing processes, in particular by creating templates / samples / standards (whistleblower guidelines, policies, manuals etc.)
• Coordination with works council and other co-determination bodies
• Drafting of necessary works council agreements
• Development of protective mechanisms for whistleblowers and recipients to ensure confidentiality and protection against reprisals
• Measures to ensure compliance with and implementation of applicable data protection regulations

Digital whistleblower tool

In cooperation with a recognized and experienced technical service provider, we also offer you a fully digital, data protection-certified whistleblower tool with which you can receive and process hints about compliance violations in a legally secure and anonymous manner. A demo version of the tool is available at any time upon request.

Ongoing operation whistleblowing systems

Following the implementation of the legal and technical requirements of the whistleblowing system, its further operation must be organized. Hoffmann Liebs will take over the complete whistleblower management for your company as part of the ongoing operation. This includes: 

• Initial preliminary review of incoming reports via the whistleblowing system with regard to their relevance under compliance regulations, including initial legal categorization
• In-depth legal review of incoming reports for compliance-relevant issues
• Development of recommendations for action and suitable remedial measures for reported violations
• Conducting internal investigations and advising on the development of improved compliance structures

Training

We are at your side during both the implementation and operational phases of your whistleblowing system and support you in conducting regular training sessions for your employees to raise their awareness of the legally compliant handling of reports submitted via the whistleblowing system.