Internal Reporting Office in accordance with the Whistleblower Protection Act (HinSchG)
Employees are often the first to notice any violations of the law. However, offences often remain unreported for fear of disadvantages and professional consequences. The aim of the Hinweisergeberschutzgesetz - HinSchG (Whistleblower Protection Act), which entered into effect on 2 July 2023, is therefore to protect persons who, during the performance of work tasks, have gained knowledge of violations of legal provisions covered by the act and report these. At the same time, it serves to protect persons who have been reported, or other persons who are affected by the report. This is enabled by:
- Determining criteria according to which a whistleblower can disclose information about an offence without violating confidentiality provisions pursuant to employment and civil service laws
- Establishing internal and external reporting offices
- Determining rules of procedure for dealing with reports
- Independence and confidentiality obligation of the reporting office
- Protective regulations/prohibition of reprisals and claims for damages
The Ministry of Science, Culture, Federal and European Affairs has established an internal reporting office for all employees that fall under its area of responsibility and that you can contact using the following contact details:
FAQs
Legal basis
The following regulations form the legal basis for the reporting offices:
- the EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (“Whistleblowing Directive”)
- the law to improve protection of whistleblowers [de] (Hinweisgeberschutzgesetz - HinSchG (Whistleblower Protection Act))
Which offences does it involve?
Pursuant to § 2 HinSchG [de], the Act applies to the following offences, among others:
a) Criminal offences
b) Offences punishable by a fine, insofar as the violated regulation serves to protect life, limb or health or to protect the rights of employees or their representative bodies (e.g. regulations in the areas of occupational health and safety, violations of the Mindestlohngesetz (Minimum Wage Act))
c) Violations of other federal, state and EU legislation in various specific areas of law (including data protection, public procurement law, radiation protection law, tax law) as well as statements by civil servants that constitute a violation of the duty to comply with the constitution
Who can report an offence?
Pursuant to § 1 HinSchG [de], protection is given to persons if they have obtained information regarding offences during performance of their work tasks or prior to performing work tasks and report or disclose these to the reporting offices provided for under this act.
How can I contact the reporting office?
The prerequisite for the protection of whistleblowers is that the report is made to an internal or external reporting office to be established pursuant to the law.
Internal reporting office:
The Ministry of Science, Culture, Federal and European Affairs has established an internal reporting office for all employees that fall under its area of responsibility. The contact details are as follows:
Mr. Hannes Wilhelms
Tel.: +49 385 588 18131
meldestellewkm.mv-regierungde
At the request of the whistleblower, the Internal Reporting Office also offers the possibility of a personal meeting by prior arrangement.
External reporting office:
Alternatively, you can contact the Federal Government's external reporting office. Further information and the possibility of filing a report online can be found here [de].
What happens to the report that is filed to the Internal Reporting Office?
If you have not made an anonymous report, you will receive notification of receipt from the Internal Reporting Office. The report is checked for validity. If required, you will be contacted for further information. Following the assessment, the Internal Reporting Office will decide which follow-up measures are to be taken. You will receive a reply within three months that includes details on the follow-up action that was taken and the reasons for the decision. There will be no reply if it would affect investigations or the rights of the persons who are the subject of a report.