On 16 December 2022, the Whistleblower Protection Act (HinSchG) was passed in the Federal Parliament. Based on the Whistleblower Directive, it guarantees whistleblowers better protection in their professional environment against reprisals such as dismissal or defamation. The next plenary session of the Bundesrat is on 10 February 2023. If it approves the HinSchG, the law can be promulgated in February. Since a law comes into force three months after promulgation, in this case it would probably be the end of May. In the first stage, the law will apply to all companies with 250 or more employees and, from 17 December 2023 to all companies with at least 50 employees.
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Well-managed compliance protects companies from criminal offenses, breaches of rules, unethical behavior and the associated financial losses and reputational damage. But even the most sophisticated compliance organization can only be effective if communication is right. It builds the bridge between the rules and regulations and acceptance within the company with transparent information and an exchange based on trust. Compliance management can only be successful if everyone is informed about the regulations, duties, codes of conduct and responsibilities, can understand all the rules and supports the associated goals.
Courageous? Disloyal? Whistleblowers are people who blow the whistle on other people or organizations. For these people, it is usually important that existing regulations and laws are observed and that misconduct to the detriment of organizations and society is stopped. Thus, they open up many opportunities with their tips: If critical information about wrongdoings in the company is not made public, but is received through internal reporting channels, the management level can deal with it proactively.
In this way, financial damage can be averted, grievances can be uncovered at an early stage and company departments can be optimized. A positive reporting culture that signals that critical knowledge is welcome and does not fall on deaf ears increases employee satisfaction and improves the image. In this respect, the whistleblower system, which the EU Whistleblower Directive prescribes for all companies with more than 50 employees, is a good way to make one’s own company more transparent.
