The deep insights into the engine room of Facebook, which the whistleblower Francis Haugen gave the world, also cast the spotlight on whistleblowers in Germany.

Their importance for companies and the public sector will increase significantly in the near future.

An EU directive on the protection of whistleblowers has been in force for two years.

Germany still has until December 17, 2021 to implement these rules in a national law.

Companies with more than 250 employees are then obliged to set up internal reporting channels and optionally also external possibilities for whistleblowers.

Small and medium-sized companies still have time until 2023.

Marcus Jung

Editor in business.

  • Follow I follow

where can I inform myself?

For many non-lawyers and employees without in-depth knowledge of compliance, it is not so easy to distinguish between what is a grievance that can just be tolerated and what has already crossed the threshold of a criminal offense. Your own employer should provide you with basic information for anonymous reports. "Companies that have already implemented a compliance management system with a whistleblower system have usually posted clear information for employees on the website or on the intranet," explains Rainer Buchert, lawyer and compliance specialist from Frankfurt. For more than 20 years he has supported companies in the implementation of whistleblower systems. As an ombudsperson, he accompanied whistleblowers at Volkswagen, Lufthansa, Otto and also at the fee collection center.

Most companies would place this information prominently on their websites, says Buchert.

Those who get stuck in their own company can find out more from non-governmental organizations such as Transparency Germany or the whistleblower network.

The latter association has set itself the goal of helping people who want to point out misconduct and criminal offenses to take their first steps.

What contact points are there?

Many employees first think of their team leader or perhaps their employee representative. But in the opinion of experts, like the HR department, they are only the right people to contact for problems that are directly related to one's own employment relationship. "If someone has an initial suspicion of a potentially serious crime, they usually do not go to the works council," explains Buchert.

However, if you as a potential whistleblower are bullied by colleagues or transferred by your superior within a company in order to be "shut down", you should contact a person you trust directly.

“We ombudsmen are lawyers of trust in the company.

We are the point of contact for employees who want to give confidential information about a criminal offense or misconduct in the company, ”emphasizes Buchert.

As a rule, these are experienced lawyers who are paid by the company but still remain independent.

Everything that a whistleblower informs an ombudsperson remains confidential.

Only the whistleblower himself can release the person of trust from their duty of confidentiality.

Do I have to hire a lawyer?