The THALES whistleblowing system -
We are your Internal Reporting Office
With effect from 2 July 2023, the new Whistleblower Protection Act (HinSchG) in force (Federal Law Gazette Part I - Act for better protection of whistleblowers and for the implementation of the Directive on the protection of persons reporting infringements of Union law - Federal Law Gazette). Companies with 50 to 249 employees do not have to comply with the provisions of the HinSchG until 17 December 2023. 2 July 2023. Violations of the law are punishable by fines of up to 50,000 €. In addition, there are claims for damages by affected persons.
The HinSchG sees internal and external Reporting points for breaches of a wide range of compliance requirements and criminal offences in connection with the business activities of the employer. Employers must disclose so-called "internal reporting points" to which employees can turn to report violations (section 12 HinSchG). In addition, at the federal and Land levels, official external reporting points The internal reporting office has been set up to which employees can also turn if an internal reporting office does not exist or if the report to the internal reporting office is unsuccessful.
A internal reporting point can be set up by creating a internal organisational unit or a Third, such as a Law firm, is entrusted with the tasks of the internal reporting office. The internal reporting office is obliged to Reporting channels The employer must set up a system for employees to contact them to report violations. Reports and the handling of them must be documented in a tamper-proof manner become.
The reporting channels shall be designed in such a way that only the persons responsible for receiving and processing the reports have access to the incoming reports. Messages must verbal or in Text form be made possible. Strict deadlines must be met for processing.
As Follow-up the IRO either conducts its own internal investigation of the employer or refers the whistleblower to other competent bodies. However, the IRO may also close the case for lack of evidence or other reasons. In addition, the IRO may also refer cases to competent supervisory authorities or law enforcement agencies (police, public prosecutor's office).
Note that it is not possible for companies from existential Meaning can be that the internal reporting office is legally able to Notes legal applicable interpret and Procedure if necessary to be adjusted, instead of Whistleblowers are unceremoniously handed over to the Police or Public prosecutor's office to refer.
As far as you Support If you have any questions or require assistance in setting up the internal reporting office, please do not hesitate to contact us. as a chancery at your disposal and take over the Function of the internal reporting office. We provide you with the function against a Manageable monthly provisioning fee available.
With regard to the Cost design we are as always transparent: The Provisioning fee already contains a certain Contingent processing times as well as the provision of our THALES whistleblowing system. This is tailored to the needs of your company in each case. Times exceeding the provision fee are charged separately. However, according to our many years of experience in the compliance area, the expected reports for whistleblower systems have so far been manageable.
In order to offer you a solution that complies with the law, we have designed our THALES whistleblower system in such a way that all legal and technical Requirements and the Revision security are guaranteed. The new whistleblower system will be available as of Q3/2023 and also following functions include:
- Configurable Whistleblower reporting form (also anonymous)
- Immediate Acknowledgement of receipt of a tip to the whistleblower
- Communication option to anonymous exchange between the whistleblower and the responsible person
- Securing of the statutory Deadlines
- Encryption the Communication and uploaded Files
- Establishment of Authorisation groups
- Deletion only in 4-eyes principle
- Bilingual implementation in German and English Language
When you commission us, you also benefit from our longstanding experience in the area of the Business Criminal Law and our expertise in the Data protection law. Unauthorised entries may be submitted in such a way legally secure filtered out be. In addition, we have the necessary qualifications according to § 17 para. 2 HinSchG. necessary expertise. Internal Conflicts of interest are also excluded.
Note that it is not possible for companies from existential significance can be that the internal reporting office is legally able to Notes legally applicable interpret and Procedure if necessary to be adjusted, instead of Whistleblowers are unceremoniously handed over to the Police or Public prosecutor's office to refer.
Come therefore gladly if required towards us. We are pleased to be able to support you reliably and efficiently with this regulatory requirement as usual.
Many greetings
Your Dr Christian Szidzek