Single -provider systems - new legal obligations for companies
The European Directive for Protecting Persons (EU 2019/1937) has been in effect since 2019. At the end of July 2022, the government draft for the implementation of the Directive - according to the Refund Bond Protection Act. The draft stipulates that all obligations of the Refugees Protection Act apply three months after the law was announced. In order to support you with the necessary preparations for your company, we would like to introduce you to the most important practical points of the planned law and implementation suggestions below.
Who has to set up a whistle system?
All companies with more than 50 employees have to set up an internal registration office for accepting information. Otherwise there is a risk of a fine. With the tasks of an internal reporting point, a third, for example, can be entrusted with an experienced consultant in this area. In addition, an external registration office for "everyone" is set up at the Federal Office of Justice. People have the choice whether they report a violation internally or externally.
What violations must be reported?
The draft law contains an extensive catalog of regulations for which a registration system must be set up. This includes: Criminal offenses and violations of competition law, German and European antitrust law, against environmental protection law, against requirements for product safety and against data protection law.
Scheduled process of processing an internal message
The internal registration office must confirm the information of a message after seven days at the latest and check whether the reported violation falls into the factual area of application of the Refugees Protection Act. It must then check the validity of the message received. The internal registration office must give the point of view of the point of view of the processing of the notice.
What protection does the point of view have to receive?
The reporting points must maintain the confidentiality of the identity of the point of view and the persons affected by the report. No direct or indirect reprisals may be exercised against referring persons, whereby a far -reaching reversal of evidence is introduced in favor of the employees.
How can the new requirements be implemented effectively?
There are various ways to meet the requirements of the planned Benisherggeber Protection Act. Ideally, the establishment of the internal registration office should be tailored to the specific needs of your company and integrated into the compliance concept of your company. The special features of the corporate culture should be taken into account, especially in medium -sized companies. In the best case, the reporting of the point of view can be pursued internally and remedied.
Aderhold offers a modern, digital and resource -saving point of information that corresponds to the requirements of the planned rules and data protection fully: a reliable, safe and simple communication channel that protects the identity of the people concerned and yet enables even anonymous questions to the point of view.
We would be happy to provide you with more information about our information provider system or advise you on the implementation of the new rules within your company-internal compliance management system.
