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INFOR­MATION FOR WHISTLE­BLOWERS

Hinweisgeberschutzgesetz

WELCOME TO OUR
INFORMATION PORTAL TO THE INTERNAL REPORTING OFFICE

Your employer or other body associated with you has provided you with the reporting office with a telephone number and email address. Conduct that complies with the law and the rules is a priority for them. They want to know about potential misconduct so that they can put a stop to it.

You can use the contact details provided to reach the KSP law firm, which will take up your information independently and confidentially. All KSP employees are subject to the lawyer's duty of confidentiality. Information on violations can be, for example, environmental pollution, corruption, embezzlement, fraud, competition or tax offences, but also human rights violations or sexual harassment.

KSP Attorneys at Law carefully process and assess each of the incoming tips. The Whistleblower Protection Act (HinSchG) is taken into account in all aspects.

However, they are also dependent on your assistance. Please describe the facts of the case as concretely as possible and add which organisational unit/company is involved. The w-questions can provide orientation:

  • What exactly happened?
  • When and where did you make the observation?
  • Who committed the potential violation?
  • How could the violation be proven?

Based on your information, a summary is then prepared and provided to the KSP client concerned. The identity of the whistleblower will not be disclosed. The summary is written anonymously and without personal information. Exceptions to this are only possible with your explicit consent.

THE FILM EXPLAINS THE
PROCESS OF THE INTERNAL REPORTING OFFICE

 

DATA PROTECTION
- THIS IS HOW WE PROCESS YOUR DATA

Please also note our data protection information and direct any internal enquiries to the contact person of the respective company.

Data protection

With these instructions, we would like to inform you about how we process, i.e. in particular collect, use, store and transmit, personal data if and insofar as such data is made available to us within the framework of the whistleblower system.

The processing is carried out in accordance with the legal requirements on confidentiality and data protection, as they result in particular from the Whistleblower Protection Act (HinSchG), the General Data Protection Regulation (DSGVO), the Federal Data Protection Act (BDSG) and other legal regulations.

 

Responsible bodies

For the establishment of the reporting office pursuant to Section 12 HinSchG, the office where the whistleblower is employed (employer) has entrusted a law firm as a third party with part of the tasks of the internal reporting office (Section 14 para. 1 p. 1 last var. HinSchG).

On the one hand, the employer is responsible for data processing within the framework of this whistleblower system.

In addition, the law firm which receives the information for the aforementioned employer is the data controller:

KSP Kanzlei Dr. Seegers, Dr. Frankenheim Rechtsanwaltsgesellschaft mbH,

Kaiser-Wilhelm-Straße 40, 20355 Hamburg,

General contact: Tel: 040-45065-0; e-mail: Info@ksp.de

(i.F. KSP).

You can also reach KSP's data protection officer at the above address with the addition of "Data Protection Officer" and at datenschutz@ksp.de.

Please note: KSP has created separate reporting channels for the receipt of information within the framework of the Whistleblower Protection Act. Please use these for submitting tips.

 

Categories of personal data and data subjects

It is up to the whistleblower to decide whether and which personal data he or she wishes to disclose. There is no obligation to provide personal data. Personal data of the person providing the information as well as data of the person(s) affected by the information may be affected by any information provided or any follow-up measures to be initiated pursuant to the Act; in addition, other persons may be identified in connection with the information in an identifiable manner.

The following personal data (categories) in particular may be processed:

the name of the person making the reference, if he or she wishes to disclose it;
the contact details of the person providing the information, if he or she wishes to disclose them;
the fact that and when - if applicable: by which whistleblower - a report was made to MROS;
whether the person making the report is employed by the body in respect of which he or she is making the report (employer) or what other relationship, if any, he or she has with the employer,
the content of the report, including any names mentioned in the report and other personal data relating to the persons mentioned in the report, such as their employment status or other relationship with the employer, the suspicions reported and the circumstances on the basis of which the persons are relevant in connection with the report according to the information provided by the person making the report.

 

Purposes and legal bases of data processing

The processing of the personal data communicated within the framework of the whistleblower system by the employer and KSP is carried out to enable the reporting and disclosure of information on the violations specified in Section 2 of the HinSchG and so that the employer can fulfil its obligations arising from the HinSchG, in particular the obligation to set up a corresponding reporting office (Sections 12 et seq. HinSchG), to receive the tips including any personal data contained therein and to initiate the further necessary measures (Sections 17 et seq. HinSchG).

The employer has entrusted KSP with some of these tasks as a third party pursuant to section 14, paragraph 1, sentence 1, last variant of the HinSchG.

The processing of the communicated personal data by the employer and KSP as the entrusted third party is thus carried out for the fulfilment of a legal obligation and thus on the basis of Art. 6 para. 1 c) DSGVO. The employment provider has a legitimate interest in using the assistance of a third party to fulfil its obligations, as provided for in Section 14 (1) HinSchG. In addition, the employer has a legitimate interest in the prevention and prosecution of any violations occurring within the company, which is also served by the operation of the reporting office - using KSP as a third party. The corresponding data processing by the employer and KSP can thus also be based on Art. 6 para. 1 f) DSGVO.

In addition, data processing, insofar as it takes place within the framework of an employment relationship and is necessary, is carried out on the basis of Section 26 BDSG.

If special categories of personal data are processed, this also only takes place if there is a corresponding legal basis. The following in particular come into consideration

in the context of employment relationships § 26 para. 3 BDSG,
22 para. 1 no. 1 BDSG in the case of necessity in connection with rights and obligations from the area of social security and social protection,
According to Art. 9 DSGVO, if the conditions there are met, e.g. processing is necessary for the assertion, exercise or defence of legal claims (lit. f).

Storage of personal data

The data of all incoming reports are stored in a permanently retrievable manner in accordance with § 11 HinSchG and in compliance with the confidentiality requirement. The documentation is deleted two years after the conclusion of the procedure.

Further notes on documentation:

In the case of telephone reports or reports by means of another form of voice transmission, a permanently retrievable audio recording of the conversation or its complete and accurate transcript (verbatim record) may only be made with the consent of the person making the report. In the absence of such consent, the report shall be documented by a summary of its content (content protocol) to be prepared by the person responsible for processing the report.

If the report is made in the context of a meeting pursuant to section 16 subsection 3 or section 27 subsection 3 HinSchG, a complete and accurate recording of the meeting may be made and kept with the consent of the person making the report. The recording may be made by creating an audio recording of the conversation in a permanently retrievable form or by a verbatim record of the meeting created by the person responsible for processing the report.

The person making the report shall be given the opportunity to review the transcript, correct it if necessary and confirm it by his/her signature or in electronic form. If an audio recording is used to prepare minutes, it shall be deleted as soon as the minutes have been completed.

 

Recipient

Pursuant to section 8 of the HinSchG, internal reporting offices must maintain the confidentiality of the identity of the following persons:

of the person making the report, if the information reported concerns violations that fall within the scope of this Act, or if the person making the report had reasonable grounds to believe that this was the case at the time the report was made,
the persons who are the subject of a report, and
the other persons named in the report.
The identity of the persons named in sentence 1 may only become known to the persons responsible for receiving reports or for taking follow-up measures, as well as to the persons assisting them in the performance of these tasks. This applies regardless of whether the reporting office is responsible for the incoming report.

According to Section 9 HinSchG, however, there are exceptions to confidentiality.

For example, there is no protection of confidentiality with regard to the identity of a whistleblower who intentionally or grossly negligently reports incorrect information (para. 1).

In addition, according to Section 9 (2) HinSchG, information on the identity of the person providing information or on other circumstances that allow conclusions to be drawn about the identity of the person providing information may be disclosed to the competent authority in the cases listed under the conditions specified therein, especially in criminal proceedings and proceedings for the imposition of fines at the request or order of the competent authority.

Paragraphs 3 and 4 of Section 9 HinSchG provide for further cases in which information on the identity of the person providing the information or on other circumstances that allow conclusions to be drawn about the identity of this person may be passed on.

Furthermore, under certain circumstances, the person affected by the information may have to be informed of the data processing concerning him or her in accordance with Article 14 of the GDPR or be provided with information in accordance with Article 15 of the GDPR. Corresponding information or disclosure shall only be provided if and to the extent that the disclosure is not (or no longer) contrary to any obligations of confidentiality. The identity of the person providing the information is generally covered by confidentiality - subject to the occurrence of an exceptional circumstance.

A transfer of data to third countries is not intended, nor is the use of data for a decision based exclusively on automated processing - including profiling - with legal effect or otherwise significant impairment within the meaning of Art. 22 DSGVO.

 

Data subject rights

The GDPR provides in particular in Art. 15 et seq. The GDPR provides for various rights under the conditions specified therein.

According to Art. 15 GDPR, the data subject has a right to information about the processing of personal data.
Article 16 of the GDPR provides for a right to rectification.
Art. 17 GDPR provides for a right to erasure in the cases mentioned therein.
Art. 18 GDPR gives the right to restriction of processing in certain cases.
Art. 20 GDPR regulates the right to data portability.
Furthermore, in accordance with Art. 21 DSGVO, there is a right to object to data processing based on Art. 6 (1) f) DSGVO.

In accordance with Article 77 of the GDPR, the data subject also has the right to lodge a complaint with a supervisory authority if the data subject is of the opinion that the data processing concerning him or her is not lawful. The supervisory authority at the registered office of the controller as well as any supervisory authority at the place of residence of the data subject shall be competent in particular.