The German Whistleblower Protection Act implements the requirements of the EU Whistleblower Directive (Directive (EU) 2019/1937) and introduces mandatory regulations for the protection of whistleblowers for companies with at least 50 employees. For companies with 50 to 249 employees, the obligations under the new law will not apply until 17 December 2023 but for larger companies, the timescales are shorter. Companies that already have a whistleblower system in place will need to review and assess the adequacy of their systems in light of the new law. Companies with no system in must be prepared to respond quickly. There is impetus on both small and large organisations to act but in a considered and measured way.
The German Whistleblower Protection Act comes into force on 2nd July – key considerations for UK-based companies operating in Germany
The German Whistleblower Protection Act (“Hinweisgeberschutzgesetz” or “HinSchG”) will come into force on 2 July 2023. It implements the requirements of the EU Whistleblower Directive (Directive (EU) 2019/1937) and introduces mandatory regulations for the protection of whistleblowers for companies with at least 50 employees.
German companies with at least 250 employees and German subsidiaries of internationally active groups of companies and corporations will be required to implement internal reporting from 2 July 2023. They must also operate a channel for transmitting whistleblows or information about breaches. There is impetus to act quickly but in a considered way. After all, a violation of this obligation will not be subject to a fine until 1 December 2023.
Smaller companies have even longer to act. For companies with 50 to 249 employees, the obligation will not apply until 17 December 2023.
If you have a query that you would like to discuss, please get in touch with one of our specialists.
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