What is a whistleblower?
Whistleblowers are people who report information about violations that affect the public or company interest in a professional context. These can include corruption, discrimination, data protection violations or breaches of environmental or occupational health and safety laws. Important: These are not “whistleblowers”, but employees (or applicants, external service providers or alumni) who contribute responsibly to the clarification and prevention of violations.
Legal framework: The Whistleblower Protection Act (HinSchG)
Since July 2023, the Whistleblower Protection Act has required companies with 50 or more employees to set up internal reporting offices. These are used to confidentially receive and process reports of breaches of the law. The most important key points:
- Companies with 50 or more employees must set up internal reporting offices
- Reports must be treated confidentially
- Protection from reprisals is guaranteed by law
- Confirmation of receipt within 7 days, feedback after 3 months at the latest
- External reporting offices (e.g. at the Federal Office of Justice) remain an alternative
From December 2023, the implementation obligation will also apply to smaller companies with 50 to 249 employees. Violations of the law can be punished with severe fines.
When are whistleblowers protected by law?
Whistleblowers are protected by law if they report violations that they have experienced in the course of their professional activities – and use the reporting channel via internal or official bodies. Prerequisite: The report must be made with good reason. Anyone who knowingly provides false information can be prosecuted.
Potential for companies: More than just an obligation
A professional whistleblower system should not be seen as a bureaucratic monster, but as an opportunity:
- Recognize and remedy internal grievances at an early stage
- Minimize liability risks
- Strengthening trust and integrity
- Promoting an open error and feedback culture
Companies that actively protect and listen to whistleblowers not only improve their compliance, but also their attractiveness as an employer.
Digital implementation with ZMI – integration of external whistleblower platforms
In order to effectively implement the requirements of the HinSchG, ZMI offers in the ZMI – WebClient offers the option of linking to external whistleblowing platforms such as whistle.law whistle.law is a data protection-compliant and ISO-certified reporting system that enables anonymous, digital and audit-proof submission of reports. Integration into the existing employee portal facilitates barrier-free use for employees and legally compliant documentation for companies. The advantages:
- Direct access in the employee portal (ZMI – WebClient)
- Anonymous submission of information possible
- Increased transparency and low-threshold access
- Legal certainty in the implementation of the HinSchG
Conclusion
Whistleblowing is a valuable tool for compliance, risk management and corporate culture. Companies should take their responsibility seriously and offer whistleblowers secure ways to report – legally protected, digitally integrated and accessible to all.