The Whistleblower Protection Act (HinSchG) will now also apply to companies with 50 to 249 employees from next week. They are obliged to introduce a secure whistleblower system that enables whistleblowers to report violations of EU and German law at their company without suffering any disadvantages. Companies usually set up external ombudsman offices for this purpose, as more cost-effective internal solutions usually cannot guarantee the HinSchG principle of anonymised protection of the whistleblower.
This mandatory tool as part of your compliance management does not have to be expensive. The task of the ombudsman’s office itself is not as complicated as the many adverts from law firms suggest. It only becomes difficult when a report of a serious offence is received. The ombudsman’s office must forward this to you in accordance with the legal deadlines and keep the anonymous whistleblower informed. You alone are responsible for investigating and pursuing the reported violation, and you can call in your trusted partners (in-house lawyer, tax consultant, sustainability consultant, HR consultant, etc.) to find a solution. It is simply better for the company if the ombudsperson is personally known and applies the HinSchG in accordance with the law in the confidence of the employees and management. Feel free to contact me if you are looking for a solution. We will find the right ombudsperson for you.