Which reporting channel meets the HinSchG requirements?

All companies with 50 or more employees, as well as public employers such as municipalities, must now implement internal reporting channels. There are three types of reports that can be submitted:

1. Verbal, for example by telephone or by some form of voice transmission (e.g., a recorded voice note).
2. In text form (e.g., a written message or letter).
3. In person. The notifying party has the right to demand a personal meeting with a responsible person within a reasonable period of time. This can also be done in a video conference.

The background of this regulation is that the requirements, particularly for companies that must establish such structures for the first time, should be kept as low as possible.

What should companies consider when implementing this?

The utmost premise is always that the chosen transmission path ensures the confidentiality of the identities of the individuals affected by the report. Furthermore, it must be ensured that only those responsible for the reporting office have access to the information from the report. The following implementation options are explored:

Hotline

It is fundamentally possible to set up a telephone hotline to receive reports. The main difficulty here, however, is ensuring that the internal IT administration does not have access to the reporting channel. This jeopardizes the confidentiality of the reporting office. The likely limited availability of the reporting office also poses a hurdle for those making reports, and it should be in the company’s interest to pursue relevant tips and clarify them. Outsourcing a telephone hotline to a third party can make sense depending on the industry and type of employees – especially when those reporting cannot or do not want to access the internet. We would be happy to advise you on this in a personal conversation.

Answering Machine

Setting up a reporting channel via an answering machine is possible, but it carries the risk that the reporting person cannot be sent a confirmation of receipt in most cases. According to the HinSchG, the person reporting must be informed about the receipt of their report no later than seven days after submitting their report. If the reporting person does not provide their contact details (telephone number, address), no questions can be clarified. However, these are usually essential for the successful clarification of violations and misconduct. Therefore, the mere setup of an answering machine is not recommended.

Email Mailbox

With the internal email address, the situation is similar to the internal telephone number. Here too, access by the internal IT administration cannot be ruled out, so a purely internal email address is not recommended.

Mailbox

The old way via the mailbox carries several dangers. A mailbox is difficult to protect from outside access. This is particularly problematic with regard to ensuring confidentiality. If anonymous tips are also communicated via the mailbox, no receipt confirmation or even information about the progress of the report after three months can be sent.

Ombudsperson

A reliable option is to create a contact point with an internal or external ombudsperson, usually a lawyer. In discussions with these ombudspersons, not only can the relevant focal points of the reports be determined, but the plausibility and credibility of the reports can also be checked. The downside of this option is that an ombudsperson regularly brings limited temporal and local availability. Only a certain number of languages can be covered. However, in combination with other reporting methods, the appointment of an ombudsperson makes sense.

IT-Supported Whistleblower System

An IT-supported whistleblower system fully meets the requirements of the HinSchG. Especially in combination with outsourcing to third parties, the reporting system can ensure confidentiality and independence. An IT-supported whistleblower system is a digital system through which hints can be submitted – usually in the form of a provided URL (link to a website). The system allows reports to be submitted verbally, by voice note, as well as in writing – and at any time of the day or night. If a relevant hint comes in, it is immediately documented in the system (also a requirement from the HinSchG) and kept according to the statutory periods.

In contrast to the answering machine, the IT-supported whistleblower system can ensure a reliable confirmation of receipt of the report to the reporting person. A physical meeting can also be arranged via the IT reporting system. The IT-supported whistleblower system can also be offered in multiple languages and offers a cost-effective all-in-one solution. The IT-supported whistleblower system is therefore preferable as such a reporting channel meets the requirements of the EU Whistleblower Directive and the HinSchG better than the other forms.

We recommend that you also allow for the submission of anonymous reports in order to be informed early about misconduct and grievances in the company and to increase the acceptance of the reporting office. Most IT-supported whistleblower systems offer this possibility.

You haven’t implemented a reporting office yet? Then we should talk to each other!

Date: 05.06.2023