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Your contact person:
Office Management
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Your contact person:
Britta Röbig
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Personalmanagement
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Dr. Andreas Seegers
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Martin Hintze
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Ilka Keunecke
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Kristin Peitz
COMPLY WITH WHISTLEBLOWER PROTECTION REQUIREMENTS
KSP operates your internal reporting office
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WHAT IS THE
BACKGROUND?
The Hinweisgeberschutzgesetz (HinSchG) is the implementation of the EU Whistleblower Directive into national law. On 12 May 2023, the HinSchG was passed by the Federal Council and, after being signed by the Federal President and published in the Federal Law Gazette, will come into force after one month for companies with 250 or more employees. Companies with 50 employees have a transitional period until 17 December 2023.
The practical implication of the law is in particular the establishment of an internal reporting office to accept and process tips on potential violations.
What are the
legal requirements?
The legislator places very specific requirements on the operation of the reporting office and the protection of whistleblowers
- Audit-proof and DSGVO-compliant documentation
- Defined deadlines for feedback and completion
- Professional competence of the employees entrusted with the task
- Avoidance of conflicts of interest
- Legal classification of the facts
- Reversal of the burden of proof in the event of possible repression
THE LEGISLATOR PERMITS A KNOWLEDGEABLE THIRD PARTY THE OPERATION OF THE REPORTING OFFICE.
With KSP you can implement the requirements in compliance with the law.
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Some practical challenges
from the Whistleblower Protection Act
Some practical challenges arise from the requirements of the Whistleblower Protection Act.
In the German legal system, the person who claims a certain circumstance must also prove it. We are talking about the so-called burden of proof. From time to time, the legislator makes exceptions and "reverses" this principle of the burden of proof. This is also the case under the HinSchG. If a whistleblower suffers a disadvantage after a report and claims that this is the consequence of the report, the employer would have to prove that the measure was not a reprisal due to a previous report. Especially in smaller companies, where the reporting office is often located in the human resources department, it is probably often difficult to prove that the facts of the case are independent. If you mandate us to operate the internal reporting office, we will take over all communication with the whistleblower, unless explicitly agreed otherwise. Even if we know his name, we anonymise the summary of the facts. This should make it easier to prove independence in purely factual terms.
By their very nature, whistleblowing contains an increased amount of personal data that is processed by the internal reporting office through a report, so that in addition to the explicit requirements of the HinSchG, the provisions of the Federal Data Protection Act and the DSGVO must also be taken into account. [One premise of the HinSchG is to protect the identity of the whistleblower and other persons connected with the report (e.g. the accused). Therefore, in accordance with the requirement of confidentiality, only the employees entrusted with the reporting office should have access to the data of the internal reporting office. In most companies, this will require a strict authorisation concept specific to the internal reporting office. Legal consideration is often necessary, for example, if the protection of identities from the HinSchG conflicts with the rights to information and disclosure according to the GDPR. Furthermore, contrary to the standardised deletion periods of the GDPR, the HinSchG uses flexible deletion periods. In principle, the HinSchG provides for three years, but also allows documentation to be kept as long as this is "necessary and proportionate".
In addition to the legal requirement, there are also other reasons for employees to know and trust the internal reporting office. According to the HinSchG, the whistleblower could also turn to an external reporting office, for example at the Federal Ministry of Justice. However, if the internal reporting office is used, the matter can first be clarified internally, prepared and, if necessary, even concluded. This not only saves time, but also protects the company from a loss of reputation through prejudgement. Therefore, the communication of the establishment of the internal reporting office should not be neglected. Here it is important for each company to find an approach that is appropriate for the target group. This must fit into the corporate culture and work reality (e.g. all employees have access to the intranet). Also to reduce liability risks that could result from a lack of diligence in setting up such elements of a compliance organisation, it is recommended to communicate via the management, the so-called "tone from the top". Furthermore, as with other topics, constant dropping wears away the stone and therefore communication should be regularly and ongoing.
Our (service)
offer to you
You can outsource the operation of your internal reporting office to us in a legally secure manner. We offer you the operation of your reporting office for as little as € 398 per year (without set-up fee). Our service includes the following components.
Reporting office
Setting up communication channels such as 0800 telephone numbers, email addresses and, if necessary, an online platform for submitting anonymous reports. You do not incur any costs for the set-up and authorisation concept.
Processing
Acceptance and documentation of reports as well as confirmations and feedback to the whistleblower. Unless otherwise agreed with you, we will handle all communication with the whistleblower.
Fact finding
Clarification of the facts with the whistleblower if possible and with the client if necessary. Through the trust of the whistleblower in your reporting office with us, we achieve a high level of transparency about the reported potential violations in your company.
Legal management
Continuous deadline tracking and documentation taking into account the HinSchG, the DGPR and the Federal Data Protection Act. In the event of conflicts, our lawyers can weigh up the legal aspects.
Summary
Anonymised summary of the facts underlying the tip. Even if we know the name of the whistleblower, we do not pass it on in order to reduce the risk from the reversal of the burden of proof.
Communication
Creation of communication templates in the form of target group-specific posters, handouts and formats for the internet or intranet. Further information for your employees is made available via other media (e.g. explanatory video).
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TRUST ON
KSP’S EXPERTISE
As an established law firm with a scalable IT infrastructure, we have the professional know-how as well as the technical capability to operate your internal reporting office in compliance with the law - and at attractive conditions from 398 euros per year (without set-up fee).
THESE ARE YOUR ADVANTAGES
(LEGALLY) COMPLIANT
- As a law firm, we ensure legally compliant processing
- Anonymised summary to reduce the risk from the reversal of the burden of proof
- Best possible clarification through interdisciplinary and -lingual team
Secure
- Own system developed according to legal requirements for processing the hints
- Practised IT security at all levels from the data centre to the user
- Psychologically trained lawyers and staff to conduct the talks
PRICE-EFFICIENT
- Fixed fees for the operation of the internal reporting centre
- No set-up fee and no system integration needed
- Only optional use of a whistleblower platform for submitting anonymous hints
OUR ATTRACTIVE SERVICE
PACKAGES AT A GLANCE
From pure compliance with the law to the operational use of the reporting office - from 398 euros per year (without set-up fee).
1
Basic
Compliance with HinSchG
2
Advanced
Reporting Office Part of Compliance Management
3
Individual
Reporting office Part of corporate culture and management
1 Basic (up to 250 employees)
Basic Flex
- Accessibility via 0800 telephone number, e-mail and optional platform for anonymous reports
- Information poster and handout on reporting office communication
- Annual provision fee and effort-based billing
Basic Fix
- Accessibility via 0800 telephone number, e-mail and optional platform for anonymous reports
- Poster and handout for reporting office communication
- Monthly fee includes 3 reports per year / minimum term 1 year
2 Advanced
- Accessibility via 0800 phone number, as well as individual e-mail and optional own platform for anonymous reports
- Status analysis of the compliance management system and annual reporting
- Monthly price includes 8 reports per year / minimum term 1 year
3 Individual
- If required, accessibility via other or additional reporting channels
- Advice on how to make best use of the hotline
- Price and number of reports included based on your requirements
WE HELP YOU TO IMPLEMENT THE WHISTLEBLOWER PROTECTION ACTS
Arrange an initial telephone consultation with our expert.
KSP IS YOUR
TRUSTED PARTNER
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INFORMATION?
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