Scope of Application

Legal basis

On 2 July 2023, the Act for Better Protection of Whistleblowers (Gesetz für einen besseren Schutz hinweisgebender Personen, HinSchG) came into force. The aim of the Act is to make it easier for whistleblowers to report legal and regulatory violations in companies and public authorities without fear of reprisals. The HinSchG transposes Directive (EU) 2019/1937 of the European Parliament and of the European Council of 23 October 2019 on the protection of persons who report breaches of Union law (Whistleblower Directive) into German law.

Whistleblower Protection Act
Directive (EU) 2019/1937 (Whistleblower Directive)
 

Material scope

The HinSchG applies to the reporting (Section 3 (4)) and disclosure (Section 3 (5)) of information, e.g. o

  • Violations of laws on protection at work
    These include violations of statutory working conditions and other individual rights. These include, for example, working time violations, discrimination, bullying/insults, violations of the principle of equal treatment, and harassment.
  • Data protection violations
    This refers to violations of data protection laws for the protection of personal data. This includes, in particular, cases involving a large amount of data or particularly sensitive data. These include, for example, the unlawful disclosure of personal data, the misuse of such data, or inadequate access protection for particularly sensitive data.
  • Procurement violations
    These include violations of applicable regulations governing the procedure for awarding public contracts (and legal protection in these procedures) once the relevant EU thresholds have been reached.
  • Corruption
    Corruption refers to the offering or demanding of unfair advantages for the provision of certain services, such as preferential treatment in competition or the exercise of official authority. This usually, but not exclusively, concerns violations of criminal provisions such as Section 299 and Sections 331 et seq. StGB, but also the bribery of members of parliament (Section 108e StGB) or works councils/staff councils (Section 119 BetrVG).
  • Money laundering
    Money launderers attempt to channel criminally obtained assets into the financial system. This can happen, for example, by providing an account through which illegal funds are channeled, or by purchasing assets that originate from illegal sources. As a rule, this involves violations of Section 261 of the German Criminal Code (StGB) or provisions of the GwG.
  • Other violations under Section 2 HinSchG