With our reporting portal HintPilot, we offer a system-based solution that fulfils all legal requirements of the new Whistleblower Protection Act (HinSchG). Our lawyers take over the tasks of the internal reporting office. In this way, we guarantee confidential processing of incoming reports and a well-founded assessment of the validity of reports.
Employers with generally at least 50 employees need to set up an internal reporting office. Regardless of the number of employees, this obligation applies in particular to employers in the financial services sector.
Special requirements must be considered if the federal government or a federal state is the employer, as well as for municipalities and associations of municipalities and those employers that are owned or controlled by municipalities and associations of municipalities.
The Whistleblower Protection Act (HinSchG) offers protection from reprisals to persons who report wrongdoing in a company or a public authority. At the same time, it obliges employers to take appropriate measures to investigate any reports. If companies do not comply with the obligations of the Whistleblower Protection Act (HinSchG), they can be sanctioned by fines.
Who needs an internal reporting office?
All public authorities as well as private sector companies with generally at least 50 employees must set up an internal reporting office. Regardless of the number of employees, this obligation applies in particular to employers in the financial services sector. Special requirements must be considered if the federal government or a federal state is the employer, as well as for municipalities and associations of municipalities and those employers that are owned or controlled by municipalities and associations of municipalities. The internal reporting office must be independent and sufficiently competent. The internal reporting office must also ensure confidential reporting and processing of incoming information.
What can be reported to the internal reporting office?
In principle, everything can be reported to the internal reporting office. However, the Whistleblower Protection Act (HinSchG) only applies to legal violations from certain professional areas of the reporting person. The internal reporting office checks whether a report falls within this scope. If this is the case, the internal reporting office must take action. If the report does not fall within the scope of the Whistleblower Protection Act (HinSchG), it depends on the company's internal guidelines to what extent it should be followed up nevertheless. Accordingly, the internal reporting office will reject or process the report.
The following areas of legal violations are of particular relevance under the Whistleblower Protection Act (HinSchG):
- public procurement
- Financial sector (including money laundering and terrorist financing)
- Product safety and compliance
- Environmental protection
- Food safety and animal welfare
- public health
- Consumer protection
- data protection
- financial and tax law
- criminal law and the law on fines
- Traffic law (including road, rail, water and air)
According to the Whistleblower Protection Act (HinSchG), an internal reporting office must be available at least to the employer's own employees and to temporary agency workers. The body obliged to set up an internal reporting office should be able to decide for itself whether it also wishes to open the internal reporting office to persons who are in contact with it in the course of their professional activities.
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Phone: 0228-227 226-0
Tasks of the independent internal reporting office
The internal reporting offices operate suitable reporting channels (e.g. reporting portal, hotline) and guarantee the legal requirements for confidentiality and documentation. They check with expertise whether a reported violation falls within the scope of the Whistleblower Protection Act (HinSchG) and is sufficiently valid. They maintain contact with the whistleblower, request further information if necessary and take appropriate follow-up measures. These may consist in particular of:
- internal investigations at the employer
- referral of the whistleblower to other competent bodies
- closing the case for lack of evidence or other reasons
- referral of the case to a competent authority
The reporting office shall report back to the whistleblowing persons after three months at latest. The internal reporting office can be staffed internally by the company's own employees or externally by a commissioned third party. In any case, it is a legal requirement that the persons entrusted with the tasks of the internal reporting office are sufficiently independent and have the necessary expertise.
Why Scheja & Partners as an internal reporting office
The tasks of the internal reporting office can be taken over by independent and competent third parties. When operating the reporting channel, the required confidentiality must be ensured.
Contact form
Phone: 0228-227 226-0
Due to the legal complexity of the reports to be processed according to the Whistleblower Protection Act (HinSchG), it is advisable to entrust experts experienced in handling confidential information with the tasks of the internal reporting office. As data protection officers, we at Scheja & Partners are used to acting independently. In addition, data protection law as a "cross-sectional matter" has numerous references to the scope of protection of the Whistleblower Protection Act (HinSchG). Our lawyers have this experience and qualification.
All information that we receive as an internal reporting office is processed with the highest care and security standards and with the help of our specially developed, professional whistleblower protection system, the HintPilot. In doing so, we guarantee a trusting cooperation with the company management and the authorities.
Advantages of the Scheja & Partners whistleblower system:
