Whistleblowers

Natural persons who, in connection with their professional activities or prior to starting a professional activity, have obtained information about violations (so-called whistleblowers) can submit this information to the relevant reporting offices. Information about violations includes well-founded suspicions or knowledge of actual or potential breaches that have already occurred or are highly likely to occur, either with the employer where the whistleblower is or was employed, or with another entity with which the whistleblower is or was in professional contact, as well as attempts to conceal such violations.

The Whistleblower Protection Act (HinSchG) provides whistleblowers with protection against disadvantages that may arise from reporting violations.

In addition to employees, other groups of persons may also qualify as whistleblowers, such as civil servants, self-employed individuals, interns or volunteers (including those working without remuneration), and members of corporate bodies (e.g., members of the supervisory board) of a stock corporation.

Persons whose employment relationship has ended may also report violations. The same applies to whistleblowers who are in the process of applying for a position or whose employment has not yet begun, if they obtained information about violations during the hiring process or other pre-contractual negotiations.

Information about a violation must have been obtained in connection with the whistleblower’s professional activity. The term "in connection with professional activity" is to be interpreted broadly, taking into account all relevant circumstances. It is not limited to a formal employment or service relationship and also includes activities such as employee representation. A connection to professional activity is assumed when current or past professional activities are involved and the whistleblower could face reprisals for reporting the obtained information. The aim is to protect as wide a group of persons as possible who, by virtue of their professional activity, regardless of the nature of that activity or whether it is remunerated, have access to information about violations.