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.
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Is your business one of the following?
Securities services provider within the meaning of Section 2 (10) of the German Securities Trading Act (WpHG),
Data provision services within the meaning of Section 2 (40) WpHG,
Exchange operating company within the meaning of the BörsG,
Institutions within the meaning of Section 1 (1) lit. b of the German Banking Act (KWG),
Counterparties within the meaning of Article 3 (2) of the SFTR (Regulation (EU) 2015/2365),
Capital management companies within the meaning of Section 17 (1) of the KAGB,
Enterprises according to Section 1 (1) ISA with the exception of entrepreneurs operating according to Sections 61 to 66 lit. a ISA with their registered office in another Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area.
Your company is obliged to set up an internal reporting system.
This is only an initial, automatically generated assessment. Please contact us for a legally binding evaluation.
T: +49 40 257 660 900
Are you a private employer or a (public) agency?
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.
You are obliged to set up an internal reporting system if you have at least 50 employees.
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.