Law for better protection of whistleblowers (Hinweisgeberschutzgesetz - HinSchG) Reporting centre for whistleblowers
As part of the implementation of the EU Whistleblower Directive (EU) 2019/1937 (Whistleblower Directive) into German federal law, the German Whistleblower Protection Act (HinSchG) came into force on 2 July 2023. The aim of the new law is to provide employees who report internal violations with special protection against discrimination.
Besides protecting whistleblowers, the law also provides a framework for uniform standards for reporting wrongdoing and for protecting the whistleblowers themselves. The new Whistleblower Protection Act considers whistleblowers to be in need of protection for the reason that they assume a special responsibility for society and are at risk of being penalised for reporting any wrongdoing, which is why they could consequently refrain from reporting violations. The new law is intended to work towards the detection, investigation, prosecution and prevention of any violations of the law through the reporting of violations.
What are the requirements?
Scope of application
The entire exhaustive catalogue of protected goods for possible non-repressive reporting under the HinSchG can be found in § 2 HinSchG.
The legal provisions include all offences that are punishable by law (in particular fraud and corruption). Unethical or immoral behaviour is not covered. Administrative offences are also covered if the violated regulation serves to protect life and limb and generally to protect employees or their representative bodies. Offences against collective agreements, works agreements or internal company compliance regulations are not covered.
Personal requirements for application
The prerequisite is that the whistleblower has obtained the information in connection with their professional activity or in advance of a professional activity because they work at Heidelberg University.
Information about private misconduct is therefore not covered by the Whistleblower Protection Act.
A further requirement is that the whistleblower has sufficient reason to believe that there are factual grounds for the offence. This does not include speculation.