DTO · EN
The EU's 2019 Whistleblower Protection Directive is certainly no longer a surprise to well-informed business owners. However, the long-overdue implementation of the directive in Germany has now exceeded all expectations. The Bundesrat has passed the Whistleblower Protection Act, which will come into force in October 2022. Its provisions are considerably stricter than those of the EU directive. This is putting pressure on many companies that had previously believed they were safely outside its scope.
One of the most important changes is that all companies with 50 or more employees are now required to establish an appropriate reporting channel. In addition, the people appointed to handle reports within a company must be able to demonstrate their expertise or be trained compliance officers. Their duties include following the legally prescribed procedures and observing all deadlines and formal requirements. Another new requirement is that anonymous reports must also be investigated.
Anyone who assumes that their company is unlikely to be caught any time soon is taking a considerable risk. The Whistleblower Protection Act provides for substantial fines ranging from €10,000 to €100,000. These can be imposed not only for failing to implement the requirements, but also for inadequate implementation or for having reports handled by someone without the necessary expertise.
The main challenge for companies is now to provide suitably qualified personnel in time. As many companies suddenly fall within the scope of the legislative changes, securing one of the few sought-after training places in Germany will be difficult.
DTO is happy to support you! We draw on our extensive experience in helping companies implement compliance guidelines and our broad network of training providers to offer reliable assistance in this area as well.