The EU Whistle-blower Directive (EU) 2019/1937 – on the protection of persons who report breaches of Union law – will be implemented into German law by the Whistle-blower Protection Act (HinSchG-E, currently still in draft form). According to the HinSchG-E, certain employers and agencies will be obliged to set up an internal whistle-blower reporting system. With the help of this tool, you can evaluate whether you are already obliged to act.
This tool offers only an initial assessment and does not constitute legal advice within the meaning of the German Legal Services Act. Its use does not establish an attorney-client relationship. We would like to point out that we disclaim any liability for the correctness, topicality and completeness of the contents of this tool.
_________________________________________________________________________________
Employers within the meaning of Section 3 (9) HinSchG-E are, provided that at least one person is employed by them, natural and legal persons under private law, partnerships with legal capacity and other associations of persons with legal capacity.
Within the meaning of Section 3 (10) HinSchG-E, public agencies are authorities, administrative offices and establishments of corporations, institutions and foundations under public law, as well as courts. The employment agencies, the regional directorates, the special offices of the Federal Employment Agency, the joint institutions within the meaning of Section 44b and the authorised municipal institutions within the meaning of Section 6a of the Second Book of the Code of Social Law (SGB II) shall not be deemed to be agencies in their own right.
Result
Your agency is obliged to set up an internal reporting system if it employs at least 50 people. For agencies of municipalities and of associations of municipalities, this only applies in accordance with the respective state law (Landesrecht). According to the EU Whistle-blower Directive (EU 2019/1937), the obligation applies in any case to municipalities with more than 10,000 inhabitants and their subordinate authorities.
This is only an initial, automatically generated assessment. Please contact us for a legally binding evaluation.
E: [email protected]
T: +49 40 257 660 900
Imprint
Privacy Policy