Donnerstag, 01.06.2023
Whistleblower systems mandatory from June 2023
The new EU Whistleblower Directive and its implementation in Germany
from
Markus SchmuckLawyer
Specialist in criminal law
Give me a call: 0261 - 404 99 25
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On May 11, 2023, the Bundestag passed the proposals made by the mediation committee. The Bundesrat decided on it in its plenary session on May 12, 2023. The HinSchG was then signed by the Federal President and published in the Federal Law Gazette. The law came into force one month after publication in the Federal Law Gazette, i.e. in June 2023.
Companies with at least 250 employees must implement the requirements within one month of the announcement of the HinSchG at the latest. However, the provision for fines, according to which a fine of up to €20,000 may be imposed if an internal channel is not set up or operated, will not come into force until six months after the HinSchG has been promulgated. So for the time being, no fines will be imposed for failure to set up such a channel.
Companies in the financial services sector must implement the requirements regardless of the number of employees.
For companies with 50 to 249 employees, the law provides for an extended implementation period until December 17, 2023. Contact me.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.