The Whistleblowing Tool for Companies

On 12 May 2023, the Federal Council passed the Whistleblower Protection Act, which is the national implementation of the EU Whistleblower Directive. It is expected to come into force in mid-June 2023. This law was passed to better protect whistleblowers and provide them with a safe way to report wrongdoing at their employers.

First, companies with 250 or more employees must set up internal whistleblowing systems. These systems are designed to enable employees to report wrongdoing safely and confidentially. Companies with 50-249 employees have a transition period until 17 December 2023.

An anonymous whistleblower protection system offers whistleblowers the opportunity to report grievances safely and confidentially without fear that their identity will be revealed. This can help ensure that more employees are willing to report wrongdoing because they feel safe and do not have to fear negative consequences. Such a system can help companies respond to and remedy grievances more quickly, which can ultimately help build trust in the company among employees and the public.

Yes, our whistleblowing solution can also be booked as a stand-alone product. Just get in touch with us.

Companies in the public sector, as well as cities and municipalities with more than 10,000 inhabitants, are covered by the law and must offer whistleblowing systems from mid-June 2023. These systems are designed to enable citizens to report wrongdoing securely and confidentially.

The procedure for submitting the notification must be possible orally or in writing and, if desired, also in person.

The internal reporting office must acknowledge receipt of the report to whistleblowers within seven days.

Within three months, MROS must inform the whistleblower what action has been taken as a result. E.g. the initiation of internal investigations or the forwarding of the report to the competent authority.

In the whistleblower system, reports are usually received by case managers, persons of trust, or ombudspersons.

Potential case managers should consider people who do not have conflicts with other activities. This means that, for example, positions of responsibility in data protection matters (DPO), anti-money laundering, or other similar areas are perfect for this role.

Ideally, the case manager should have expertise in the area of the Whistleblower Protection Act or be willing to undergo further training in this area. Individuals with experience in handling sensitive information and ensuring confidentiality may be particularly suitable.

To fill the position of case manager, it is a good idea to consider someone from the human resources department or the legal department, provided they are not in a senior position. People in these departments often have an understanding of compliance issues and legal aspects relevant to dealing with whistleblower reports.

Yes, it is important to train the case manager regularly. We recommend training at least once a year to ensure that the case manager has the necessary expertise and is familiar with the latest developments in the area of the Whistleblower Protection Act. Regular training keeps case managers up to date and enables them to deal effectively and competently with incoming reports.

Training employees on whistleblowing is a recommended measure to make the use of whistleblower software known and attractive. However, there is no legal obligation for employees to use the software, as they are legally allowed to go directly to government whistleblowers. However, companies usually prefer that internal grievances are dealt with internally.

Upon request, we provide training for employees to inform them about the whistleblowing process, the benefits of reporting whistleblowing internally and how to use the whistleblower software safely. Such training typically covers the importance of whistleblowing to corporate integrity, the confidentiality of reports, protection against reprisals, and the possible consequences of misuse or false reporting.

The training is designed to encourage employees to report potential wrongdoing or illegal behavior internally rather than going to external agencies. The training provides employees with the necessary knowledge and awareness to identify potential risks and grievances at an early stage and to act appropriately.