Whistleblower system
for companies in Germany
- Protect your company from damage
- Strengthen the trust of your employees
- Fulfil the requirements of the German Whistleblower Act
We embody
Compliance
Whistleblower system
for companies in Germany
- Protect your company from damage
- Strengthen the trust of your employees
- Fulfil the requirements of the German Whistleblower Act
We embody
Compliance
What is a whistleblower system?
Employees (whistleblowers) can use a whistleblower system to inform the responsible persons in the company about observed misconduct or grievances.
This can be done technically in various ways. A whistleblowing system usually offers several channels. Ideally, the system also enables anonymous whistleblowing.
Which companies need a whistleblower system?
A whistleblower system serves as a secure internal reporting channel as prescribed by the German Whistleblower Protection Act (HinSchG) for companies and other organisations with 50 or more employees and municipalities with more than 10,000 inhabitants.
However, by setting up a whistleblower system, your company not only fulfils the legal requirements. You also increase the chance of being able to clarify offences internally and thereby strengthen the trust of your employees.
How does a whistleblower system work?
In the activeMind.cloud whistleblower system, you can offer several reporting channels in accordance with the HinSchG: Contact person, telephone number, postal address, and the whistleblowing system itself as the most secure option.
Whistleblowers can submit a report by name or anonymously via a secure form. This is then checked and assessed by the responsible persons. If necessary, the whistleblower can be contacted for further enquiries.
The whistleblower system provides structured instructions and automatic documentation of all work steps. Clear recommendations help with further processing and, if necessary, forwarding to the relevant authorities.
How do you communicate with whistleblowers?
Communication with whistleblowers takes place in the activeMind.cloud whistleblowing system via internal messages. These are only visible to the persons involved and are fully documented.
If a report is made by name, the whistleblower receives an e-mail notification of new information. Confidential information will not be sent.
Communication is also possible with anonymous reporting.
How can an anonymous report be made in the whistleblower system?
The option of anonymous reporting is not mandatory in Germany, but anonymous reports “should” be processed according to the law. For this purpose, a whistleblower system is best, in which reports can be recorded, processed confidentially and documented.
Reports can be submitted anonymously in the activeMind.cloud whistleblower system. Whistleblowers receive a personalised link and a password. With this data, they can log back into the whistleblower system at any time and communicate with the responsible persons.
Disclosure of the identity of the person providing the information is not necessary at any time!
How are data protection and security ensured in the whistleblower system?
The protection of confidential information and the identity of persons providing information is always guaranteed.
The activeMind.cloud whistleblowing system runs on a highly secure server in the European Union (certified to ISO 27001). Data protection and, in particular, compliance with the GDPR are of course guaranteed.
In addition, only the whistleblower themselves and the responsible persons in your organisation (or an external whistleblowing ombudsperson) have access to the reports.
What is a whistleblowing ombudsperson?
A whistleblower system must be operated by independent and competent persons. This usually requires lawyers with experience in the field of compliance. These can be suitably qualified employees or neutral third parties – a so-called whistleblowing ombudsperson.
With the activeMind.cloud whistleblowing system, you can book such a whistleblowing ombudsperson from activeMind.legal Rechtanwälte law firm.
The firm’s trusted lawyers receive the reports from whistleblowers on your behalf, assess them and, if necessary, clarify the matter further in consultation with the whistleblowers. Your company will then receive the report along with an initial assessment and recommendations on how to proceed.
The combination of a whistleblower system and a whistleblowing ombudsperson strengthens the trust of employees in your reporting channel and at the same time offers you as a company the advantage of legal support.
Functions and advantages the activeMind.cloud whistleblower system
The whistleblower system is a module of our comprehensive compliance portal with integrated management system.
Here you will find an overview of all modules and features.
Easy whistleblowing
Easy whistleblowing
Our whistleblower system adapts to your needs and is always accessible to your employees. This increases acceptance within your organisation and reduces the likelihood of reports being made directly to the Federal Office of Justice or leaked to the media.
Accessibility and multilingualism
Accessibility and multilingualism
The whistleblower system is designed in such a way that reports can be submitted in several ways. This means that people with physical disabilities can also submit reports. In addition, the reporting forms of the whistleblowing system can be offered in several languages.
Flexible reporting channels
Flexible reporting channels
You decide which reporting channels you want to offer: Contact person, telephone number, postal address, and the whistleblowing system. For all reporting channels, you can choose between employees or departments, external providers or a whistleblowing ombudsperson from activeMind.legal law firm.
If you receive reports via other channels, you can still record, evaluate and document them in the whistleblower system.
Anonymous reporting
Anonymous reporting
Anonymous reporting via the whistleblower system is possible. In addition, the person responsible or the whistleblowing ombudsperson can communicate with anonymous whistleblowers via the whistleblower system without the risk of identity disclosure.
Costs of the activeMind.cloud whistleblowing system
You can book the whistleblowing system with or without a whistleblowing ombudsperson from activeMind.legal law firm (prices for all modules of the compliance portal can be found here).
| Whistleblower system | Whistleblower system + Ombudsperson | Whistleblower system + Ombudsperson | |
|---|---|---|---|
| Company size ⓘThe offer is aimed exclusively at companies in Germany. | All sizes | Max. 249 employees | From 250 employees |
| Whistleblower system (SaaS solution) ⓘOur whistleblower system is hosted on highly secure servers (incl. certification according to ISO 27001) in Germany. You will receive an individual link to the reporting mask for your employees. The report can of course also be made anonymously. | ✔ | ✔ | ✔ |
| WhistleblowingOmbudsperson ⓘOur Whistleblowing Ombudsperson will check incoming reports and, if necessary, consult with the whistleblower. You will receive an initial legal assessment of the report from the Whistleblowing Ombudsperson. | ✘ | Incl. 1h support / month ⓘShould further support by the whistleblowing ombudsperson be necessary, we will charge this at the applicable hourly rate. | Incl. 2h support / month ⓘShould further support by the whistleblowing ombudsperson be necessary, we will charge this at the applicable hourly rate. |
| Whistleblowing policy ⓘYou will receive a template for a whistleblowing policy in which you define the reporting process and document responsibilities and compliance with legal requirements. If your company has a code of conduct for employees or even external parties, these must also be adapted. | ✘ | ✔ | ✔ |
| Whistleblowing privacy policy ⓘYou will receive a template for an information letter for your employees on the processing of personal data in the whistleblowing system in accordance with the EU General Data Protection Regulation (GDPR). | ✘ | ✔ | ✔ |
| Price per month ⓘAll prices are in addition to the applicable VAT. Minimum term twelve months, notice period 30 days. If the contract is not terminated in due time, it will be extended by a further twelve months. | €99 | €199 | €390 |
Frequently asked questions about whistleblower systems
What is a whistleblower system?
A whistleblowing system – also known as a whistleblowing system or whistleblowing software – is used for the (possibly anonymous) transmission of reports of grievances or misconduct by whistleblowers to the responsible persons in an organisation (e.g. legal department) or to external whistleblowing ombudspersons.
It is important to distinguish whistleblowing systems from reporting systems under the German Supply Chain Due Diligence Act (LkSG) – while there are similarities, the legal requirements differ significantly.
Which companies and organisations must set up a whistleblowing system?
Companies and other organisations with 50 or more employees as well as municipalities with more than 10,000 inhabitants are legally obliged to provide special protection for whistleblowers. To this end, the EU Whistleblower Directive and the German Whistleblower Protection Act set out numerous requirements. These include the establishment of secure reporting channels.
Companies with a maximum of 249 employees can operate a joint reporting centre with other companies. For public institutions and authorities with 50 or more employees and municipalities with 10,000 or more inhabitants, the obligation to set up internal reporting centres arises directly from the EU Whistleblower Directive.
Organisations may outsource the operation of their internal reporting office to qualified third parties (e.g. a law firm)
The Whistleblower Protection Act imposes the following requirements on the internal reporting office, which are difficult to fulfil without a whistleblower system:
- Maintaining confidentiality with regard to the identity of the whistleblower and any other parties involved (Section 8 HinSchG). However, the possibility of an anonymous report is not mandatory.
- Compliance with the documentation obligations including compliance with the deletion deadlines (§ 11 HinSchG).
- Guarantee the possibility of verbal or written reports and personal meetings at the request of the whistleblower (Section 16 (3) HinSchG).
- Compliance with the deadlines regarding confirmation of receipt (§ 17 Para. 1 HinSchG) and re-registration (§ 17 Para. 2 HinSchG).
- Examination of the report with regard to the admissibility of the subject matter of the report and the validity of the allegations made, contact with the whistleblower and, if necessary, obtaining further information from the whistleblower (Section 17 (1) HinSchG).
- Taking follow-up measures (§ 17 Para. 1 and § 18 HinSchG) and reporting back to the whistleblower on planned and already taken follow-up measures (§ 17 Para. 2 HinSchG).
Which reporting channels must a company offer?
The German Whistleblower Protection Act provides for the following reporting channels for whistleblowing:
- Post
- Telephone (so-called whistleblower hotline)
- E-mail (encrypted)
- Encrypted digital whistleblower system
- Facilitation of a personal meeting at the request of the whistleblower within a reasonable timeframe
Must anonymous reporting be made possible?
The Whistleblower Protection Act does not stipulate an obligation to accept anonymous reports. However, anonymous reports “should” be processed.
Offering anonymous reporting channels in the whistleblower system is strongly recommended, as whistleblowers might otherwise favour external reporting points where anonymous reporting is possible.
What is the advantage of an internal whistleblower system compared to the central reporting centre for whistleblowers at the Federal Office of Justice?
According to the Whistleblower Protection Act, whistleblowers are generally free to contact either the (external) central reporting office at the Federal Office of Justice or an internal reporting office within the company.
Since internal and external reporting channels are legally equal, companies should ensure an efficient internal system to encourage employees to report issues internally first. The advantage of internal reporting is obvious, as it cannot be in the interests of a company for actual or even alleged violations to lead to government controls and, in cases of doubt, public attention.
What is the advantage of a whistleblowing ombudsperson compared to an employee?
Outsourcing the internal whistleblower system to an external ombudsperson is particularly advantageous for small and medium-sized companies, as there is often a risk that the identity of the whistleblower may become known in companies with smaller workforces.
In addition, the internal reporting centre must be operated by an independent and competent person or department. Conflicts of interest must be avoided and the persons in charge of the task must receive regular training.
By appointing a qualified whistleblowing ombudsperson, companies can eliminate internal resource burdens and ensure full compliance with legal obligations—provided a competent and experienced provider is chosen.
How long does it take to set up a whistleblowing system?
Once the contract has been concluded, we will set up the whistleblowing system in the compliance portal for you within a few working days and provide you with all the necessary templates. As soon as you publish the link to the whistleblower system reporting form to your employees, your system is ready for use.
How can the whistleblower system be publicised internally?
You will find the link to your company’s reporting form in the compliance portal. You can publish this on your website and/or publicise it internally via other channels.
Please note that the reporting link is accessible to anyone, allowing anyone to submit a report. There is no verification to confirm whether the reporter is an employee of your organization.
Does the works council have a say in the selection of the whistleblowing system?
Yes, the works council generally has a say in the selection of a whistleblowing system and is obliged to give its consent.