Mediation committee reaches an agreement on the protective provider protection - what companies of 50 employees now need to know
better information protection in Germany
At the latest with the EU Whistleblower Directive from 2019, which is intended to unite the uniform protection in the Member States, the discussion with liters* and its protection has become significantly more important. Panel players play a crucial role in the discovery of fraud, corruption and other grievances in authorities and companies and should therefore be protected from disadvantages that threaten them because of their report and can deter them from it.
The EU Whistleblower Directive would have had to be implemented by the Member States on December 17, 2021 (see also "EU does not complain in time-on implementation of the Whistleblower Directive" from March 11, 2022). Since the beginning of 2021, various designs on a German implementation law and, above all, the required range of the pioneering protection have been politically controversial.
Finally, representatives of the Bundestag and Federal Council agreed on May 9, 2023 in the mediation committee to make changes to the Nibelion Protection Act. This agreement marks an important step in the direction of an improved information protection in Germany, even if not all -useful requirements have been implemented in the sense of an effective point of view.
Content of the HinschG
The Refugees Protection Act ("Hinschg") regulates the handling of reports on various violations, both in authorities and in companies.
In addition to the legal areas provided by the EU Whistleblower Directive, the factual scope of the Hinschg also includes parts of the national law, which is corresponding with this corresponding national law as well as German criminal law and certain administrative offenses (insofar as they serve the protection of life, body or health or the rights of employees or their representation organs). For example, violations of award and antitrust law as well as tax law requirements are also recorded.
The law defines regulations on the establishment of internal and external reporting points, regulates the procedures and confidentiality of the reports and contains important measures to protect the whistle from reprisals.
Dealing with anonymous indications
An essential part of the agreement concerns the design of the reporting pathways. The placement committee suggests that an obligation to make anonymous reports should be avoided. However, both internal and external reporting points should continue to process anonymously incoming reports. The agreement also stipulates that in cases where there can be effectively against violations in cases where you can effectively be used internally, the notification should preferably address an internal registration office. This approach promotes the internal processing of grievances and offers the participants the opportunity to respond appropriately to information.
What information is protected?
Another important aspect of the agreement concerns the scope of the law. According to the new regulation, information about violations only fall into the scope of the law if you relate to the employer or another professional contact person of the notch. This limits protection to the professional context and ensures that company -relevant cases are reported via the registration system.
Repressure ban and reversal of the evidence
The rules of evidence in the event of disadvantages were also discussed. The law already provides for a reversal of the burden of proof if the whistle provides disadvantage in connection with the professional activity. This regulation remains. However, the assumption that the disadvantage represents a reprisal for the hint only exist if the whistle provides this himself. This ensures that an appropriate examination of the circumstances takes place and prevents possible abuse of the protection regulations.
What's next?
According to the agreement in the mediation committee, the Bundestag and the Federal Council passed and approved the law on May 11th and 12th. After the law was announced and a one -month implementation period, companies with at least 250 employees are obliged to have set up a information system until mid -June. From December 17, 2023, private employment providers with 50 to 249 employees will be obliged to set up an internal registration office. The fines for companies that do not adhere to the new guidelines were reduced from 100,000 euros to 50,000 euros.
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