Whistleblower system
with Whistleblowing Ombudsperson
Fulfil the requirements of the EU Whistleblower Directive and the German Whistleblower Protection Act easily and quickly.
Whistleblower system
with Whistleblowing Ombudsperson
Fulfil the requirements of the EU Whistleblower Directive and the German Whistleblower Protection Act easily and quickly.
Compliance builds sustainable trust
Does your company need to enable internal whistleblowing?
Companies and other organisations with 50 or more employees as well as municipalities with more than 10,000 inhabitants are legally obliged to provide special protection for whistleblowers. The EU Whistleblower Directive and the German Whistleblower Protection Act set out numerous requirements for this.
In particular, companies are obliged to establish secure reporting channels and to protect whistleblowers from reprisals by the employer. This means additional compliance efforts, otherwise there is a risk of fines and reputational damage.
Company 50+ employees
Public institutions 50+ employees
Municipalities 10,000+ inhabitants
How do you create the best internal whistleblower reporting channel?
Internal reporting channels must allow reports to be made verbally, in text form or in person. The possibility of anonymous reporting is not obligatory in Germany, but anonymous reports “shall” be processed according to the law. For this purpose, a whistleblower system is suitable in which reports can be recorded, processed confidentially and documented.
By setting up an internal whistleblower system, your company not only fulfils the legal requirements. You also increase the chance of being able to clarify violations internally and thereby deepen the trust of your employees.
According to the law, you can outsource your internal whistleblower system to external third parties. In this way, you benefit from the advantages mentioned above and do not have any ongoing expenses yourself. In particular, you do not have to maintain suitable staff.
How do you protect your company when it comes to internal whistleblowing?
The internal reporting channel or the whistleblower system must be operated by independent and competent persons. As a rule, lawyers with experience in the field of compliance are required here. These can be appropriately qualified employees or neutral third parties – a so-called Whistleblowing Ombudsperson.
In the whistleblower system we offer, the lawyers of our law firm receive reports from whistleblowers on your behalf, assess them and, if necessary, clarify the facts further in consultation with the whistleblowers. This is also possible without us knowing the identity of the whistleblower. Your company will then receive the information together with an initial assessment and recommendations for further action.
The combination of whistleblower system and Whistleblowing Ombudsperson deepens the trust of employees in your reporting channel and at the same time offers you as a company the advantage of legal support.
The activeMind.legal whistleblower system
You may book whistleblower system from activeMind.legal with a whistleblowing ombudsperson i.e. support or as a self-managed SaaS solution:
| Whistleblower system | Whistleblower system + Ombudsperson | Whistleblower system + Ombudsperson | |
|---|---|---|---|
| Company size ⓘThe offer is aimed exclusively at companies in Germany. | All sizes | Max. 249 employees | From 250 employees |
| Whistleblower system (SaaS solution) ⓘOur whistleblower system is hosted on highly secure servers (incl. certification according to ISO 27001) in Germany. You will receive an individual link to the reporting mask for your employees. The report can of course also be made anonymously. | ✔ | ✔ | ✔ |
| WhistleblowingOmbudsperson ⓘOur Whistleblowing Ombudsperson will check incoming reports and, if necessary, consult with the whistleblower. You will receive an initial legal assessment of the report from the Whistleblowing Ombudsperson. | ✘ | Incl. 1h support / month ⓘShould further support by the whistleblowing ombudsperson be necessary, we will charge this at the applicable hourly rate. | Incl. 2h support / month ⓘShould further support by the whistleblowing ombudsperson be necessary, we will charge this at the applicable hourly rate. |
| Whistleblowing policy ⓘYou will receive a template for a whistleblowing policy in which you define the reporting process and document responsibilities and compliance with legal requirements. If your company has a code of conduct for employees or even external parties, these must also be adapted. | ✘ | ✔ | ✔ |
| Whistleblowing privacy policy ⓘYou will receive a template for an information letter for your employees on the processing of personal data in the whistleblowing system in accordance with the EU General Data Protection Regulation (GDPR). | ✘ | ✔ | ✔ |
| Price per month ⓘAll prices are in addition to the applicable VAT. Minimum term twelve months, notice period 30 days. If the contract is not terminated in due time, it will be extended by a further twelve months. | EUR 99 | EUR 199 | EUR 390 |
| Enquire now! | Enquire now! | Enquire now! |
4 good reasons for the activeMind.legal whistleblower system
We make whistleblowing simple
We create trust
We live compliance
We make costs plannable
Free enquiry
In order for us to process your enquiry regarding the whistleblower system, please provide us with some information about your company.
We will contact you within two working days with a quote.
Frequently asked questions about whistleblower systems
According to the German Whistleblower Protection Act, companies with 50 or more employees must set up an internal reporting channel. Companies with a maximum of 249 employees can operate a joint reporting channel with other companies.
For public institutions and authorities with 50 or more employees as well as municipalities with 10,000 or more inhabitants, the obligation to set up internal channels results directly from the EU Whistleblower Directive.
The German Whistleblower Protection Act provides for the following reporting channels for whistleblowing:
- Telephone (so-called whistleblower hotline)
- E-mail (encrypted)
- Encrypted digital whistleblower portal / whistleblower system
- Facilitating a face-to-face meeting at the whistleblower’s request within a reasonable timeframe
The German Whistleblower Protection Act does not provide for an obligation to receive anonymous reports. However, it is highly advisable to offer anonymous reporting channels, e.g. in a whistleblower portal, as whistleblowers might otherwise prefer external reporting ways where anonymous reporting is possible.
The German Whistleblower Protection Act does impose the following requirements on the internal reporting channel, which are difficult to fulfil without a system:
- Maintaining confidentiality regarding the identity of the whistleblower and any other parties involved (see § 8). However, the possibility of anonymous reporting is not mandatory.
- Compliance with documentation obligations including compliance with deletion deadlines (§ 11).
- Ensuring the possibility to report orally or in writing and to meet in person at the whistleblower’s request (§16(3)).
- Compliance with the deadlines for confirmation of receipt (§ 17 (1)) and re-registration (§ 17 (2)).
- Examination of the report with regard to the admissibility of the subject of the report and the validity of the allegations made, contact with the whistleblower and, if necessary, obtaining further information from the whistleblower (§ 17 (1)).
- Taking follow-up measures (§17(1) and § 18) and reporting back to the whistleblower on planned and already taken follow-up measures (§ 17(2)).
According to the German Whistleblower Protection Act, whistleblowers are in principle free to contact either the (external) central reporting channel at the Federal Office of Justice (Bundesamt für Justiz) or an internal reporting channel within the company.
Due to this equality of internal and external reporting channels, companies are well advised to establish an effective internal whistleblower reporting channel like a whistleblowing system. The advantage of internal reporting is obvious, because it cannot be in a company’s interest that actual or even alleged violations lead to government investigations and, in case of doubt, public attention.
Especially for small and medium-sized enterprises, outsourcing the internal whistleblower system to an external Ombudsperson is advantageous, as there is often a risk that the identity of the whistleblower may become known in companies with a smaller workforce.
In addition, the internal reporting channel must be operated by an independent and competent person or department. Conflicts of interest must be avoided and the persons in charge of the task must be trained regularly.
When a Whistleblowing Ombudsperson is appointed, all these obligations are waived for the company (provided a suitably qualified provider has been chosen).
