eagle lsp
Reporting office service
Implementation under state law
Who is obliged to set up internal reporting offices and who is exempt?
According to Section 1 KommMeldG, municipalities, associations of municipalities and employers that are owned or controlled by municipalities or associations of municipalities are obliged to set up internal registration offices. This only applies to a limited extent to employers with 50 or more employees and municipalities with more than 10,000 inhabitants.
What options are there for inter-municipal cooperation?
Inter-municipal cooperation is also promoted in Baden-Württemberg. For example, several municipalities can join forces and set up and operate a joint internal registration office, see §1 Para. 2 KommMeldG.
However, it should be noted that the obligation to take measures and remedy a possible violation remains with the individual employer.
Can the internal reporting office also be operated by a third party?
According to Section 1 (1) sentence 2 KommMeldG, the provisions of the HinSchG apply accordingly to the establishment and operation of internal reporting offices. In the absence of conflicting provisions in the KommMeldG, the provision of § 14 para. 1 sentence 1 HinSchG applies accordingly in Baden-Württemberg. This means that employers under public law are free to entrust an external service provider as a so-called “third party” with the tasks of the internal reporting office.
How was the HinSchG implemented in Bavarian state law?
Bavaria has not enacted an independent state law, but has inserted corresponding regulations into the municipal code, county code and district code.
Who is affected?
Municipalities, counties and districts with 10,000 or more inhabitants and 50 or more employees are obliged to set up a reporting office. Municipal and municipally controlled companies in particular are covered by the regulations. Furthermore, special-purpose associations and joint municipal enterprises are obliged to set up an internal reporting office.
Can municipalities join forces?
According to the Bavarian NKomZG, municipalities, counties and districts can jointly fulfill their obligations under whistleblower protection law in the course of municipal cooperation. An external third party can also be commissioned to set up and operate an internal reporting office.
Is it possible to outsource the internal reporting office?
Yes, in Bavaria reference is also made to § 14 Para. 1 S. 1 HinSchG. This means that municipalities, counties and districts as well as municipal employers are free to use a third party to implement and operate the internal reporting office.
Who is affected?
Pursuant to Section 1 (1) KommHinwMeldG, municipalities with 10,000 or more inhabitants and 50 or more employees are obliged to set up and operate an internal registration office. This also applies to employers that are owned or controlled by municipalities and associations of municipalities, as well as to the Brandenburg Municipal Pension Association.
Can municipalities join forces?
The Brandenburg KommHinwMeldG also contains simplifications for municipalities in the context of inter-municipal cooperation. Accordingly, the reporting offices to be set up can be operated jointly or by joint authority services. The obligation to remedy violations remains with the respective employer.
Is it possible to outsource the internal reporting office?
Pursuant to Section 1 (4) KommHinwMeldG, Sections 13 – 16 HinSchG apply accordingly. This means that the internal reporting office can be outsourced to an external provider (see Section 14 para. 1 sentence 1 Var. 3 HinSchG).
Who is affected?
The obligation to set up an internal reporting office applies to all municipalities and administrative districts with more than 10,000 inhabitants and more than 50 employees.
In addition, this obligation applies to the Landeswohlfahrtverband Hessen, the Regionalverband FrankfurtRheinMain, municipal pension funds, special purpose associations, joint municipal institutions, public law institutions and municipal or municipally controlled companies.
Can municipalities merge?
Yes, in accordance with Section 4 HHinMeldG, municipalities and districts can jointly set up and operate internal reporting offices (so-called inter-municipal cooperation). As in the private sector, municipal and municipally controlled companies have the option of merging in accordance with Section 14 HinSchG.
Is it possible to outsource the internal reporting office?
Yes, pursuant to Section 2 (3) HHinMeldG, Sections 13 to 18 HinSchG apply accordingly to internal reporting offices. This means that Section 14 (1) HinSchG also applies in particular. Accordingly, a third party may also be entrusted with the tasks of the internal reporting office when setting up and operating an internal reporting office.
Who is affected?
Districts, offices and municipalities with 10,000 or more inhabitants and 50 or more employees must set up an internal reporting office as soon as the state law has been implemented. In addition, special-purpose associations, the Mecklenburg-Vorpommern Municipal Pension Association, the Mecklenburg-Vorpommern Municipal Supplementary Pension Fund, the Mecklenburg-Vorpommern Municipal Social Association and employers owned or controlled by districts, offices or municipalities are affected by the legislation.
Can municipalities join forces?
It is possible for the obligated employment providers to jointly set up and operate reporting offices or to commission a third party with the tasks of the internal reporting office.
Is it possible to outsource the internal reporting office?
Yes, within the framework of the KommHinMeldG M-V, reference is made to the provisions of the HinSchG in accordance with Section 1 (3). This means that Section 14 para. 1 sentence 1 HinSchG also applies in this case and both municipalities and municipal employers can also commission a third party to fulfill the obligation.
Who is affected?
Every municipality with more than 10,000 inhabitants and more than 50 employees is obliged under the NHinMeldG to set up a registration office.
According to Section 1 (1) NKomVG, this includes: municipalities, joint municipalities, administrative districts and the Hannover Region.
In addition, the municipal institutions, joint municipal institutions, special-purpose associations and the regional association “Greater Braunschweig”, which are supported by the municipalities, are obliged to set up internal reporting offices.
Can municipalities join forces?
Municipalities can set up joint internal reporting offices. To do so, it is advisable to conclude public law agreements in accordance with the NKomZG. As part of these agreements, a third party can also be commissioned to set up and operate the reporting office. Municipalities can also join forces with municipal employment providers, as can municipal employment providers with each other.
Is it possible to outsource the internal registration office?
Yes, pursuant to Section 14 (1) sentence 1 HinSchG, municipalities, institutions, special-purpose associations and the regional association “Greater Braunschweig” as well as other employment providers owned or controlled by municipalities have the option of using a third party to perform the tasks under the NHinMeldG.
Who is affected?
Municipalities and associations of municipalities with more than 10,000 inhabitants and more than 50 employees must set up a registration office in accordance with AG HinSchG NRW. This includes in particular municipalities, rural districts, regional associations, municipal companies and municipally controlled companies of municipalities and municipal associations. The same applies to the Ruhr Regional Association, special-purpose associations pursuant to Section 5 (2) GkG NRW, municipal institutions pursuant to Section 114a GO NRW and joint municipal companies pursuant to Section 27 GkG NRW.
Can local authorities join forces?
The registration offices can be set up and operated jointly by authorities, so-called “pool solutions”. An external third party can also be commissioned for this purpose.
Is it possible to outsource the internal reporting office?
Yes, according to the explanatory memorandum to the government draft of the NRW HInSchG, municipalities, associations of municipalities and institutions as well as employers that are owned or controlled by municipalities and associations of municipalities can use a third party to perform their tasks in accordance with Section 14 para. 1 sentence 1 HinSchG.
Who is affected?
The law obliges municipalities and associations of municipalities with at least 10,000 inhabitants and generally at least 50 employees to set up an internal reporting office within the meaning of Section 12 para. 1 sentence 1 HinSchG, see Section 2 para. 1 LHinSchG RLP. Furthermore, this also applies to all employers under public or private law that are owned or controlled by municipalities or associations of municipalities with at least 50 employees, see Section 2 (2) LHinSchG RLP. This also includes all institutions under public law in accordance with § 86 a GemO and special-purpose associations.
Can municipalities merge?
Rhineland-Palatinate relies on a municipality-friendly implementation of the directive, which allows municipalities to set up a joint reporting office in order to conserve resources. The prerequisite for this is the autonomy of any external federal and state reporting offices, cf. section 3 (1) LHinSchG RLP. Those obliged under Section 2 (1) and (2) LHinSchG RLP may also entrust a third party with the tasks of the reporting office, see Section 3 (2) LHinSchG RLP. The obligation to take appropriate measures with regard to violations remains with the respective municipal employer.
Is it possible to outsource the internal reporting office?
Section 3 para. 2 LHinSchG RLP stipulates that the reporting office may also be set up and managed by a third party, such as eagle lsp.
Who is affected?
Municipalities and associations of municipalities with 10,000 or more inhabitants and 50 or more employees, as well as employers owned or controlled by municipalities and associations of municipalities, are obliged to set up an internal registration office.
Can municipalities join forces?
Municipalities and associations of municipalities can set up and operate internal reporting offices jointly or commission a third party to do so. One option, for example, is to set up a joint portal for such reports as part of inter-municipal cooperation.
Is it possible to outsource the internal reporting office?
Yes, in accordance with Section 3 (2) of the Saarland Act on Internal Reporting Offices at Municipal Level (MeldStG SL), the obligation to set up an internal reporting office can also be fulfilled by commissioning a third party.
Who is obliged?
According to Section 1 SächsHinMeldG, municipalities, districts, administrative associations, special-purpose associations and other employers that are owned or controlled by municipalities must set up internal registration offices. This only applies to municipalities, administrative districts and administrative associations with 10,000 or more inhabitants and public employers with at least 50 employees.
Can municipalities join forces?
In Saxony, there is the possibility of inter-municipal cooperation via § 2 SächsHinMeldG in conjunction with § 14 Para. 2 HinSchG. According to this, several employers with 50 to 249 employees can set up and operate a joint internal reporting office. However, the obligation to take measures to remedy the violation remains with the respective employers concerned.
Is it possible to outsource the internal reporting office?
Yes, because Section 2 SächsHinMeldG also includes Section 14 (1) Var. 3 HinSchG, which explicitly regulates the possibility of outsourcing the internal reporting office.
Who is affected?
Saxony-Anhalt is implementing the HinSchG as part of a law on the further development of municipal constitutional law (KVG LSA). Municipalities with 10,000 or more inhabitants and 50 or more employees are affected. Special-purpose associations and local authority-owned companies are also obliged to use the internal reporting offices of the respective local authorities as legally dependent special municipal assets.
Can municipalities join forces?
Municipalities can set up and operate internal reporting offices jointly or commission a third party with the tasks of an internal reporting office in order to enable resource-efficient implementation. Pursuant to Section 129 (3) KVG LSA, municipalities can stipulate that the internal reporting office responsible for them also performs the tasks of the internal reporting office for their municipal or municipally controlled companies.
Is it possible to outsource the internal reporting office?
Yes, in accordance with Section 76a (3) KVG LSA, local authorities can outsource the establishment and operation of the internal reporting office to a third party.
The city states of Berlin, Bremen and Hamburg were already obliged to set up internal reporting offices when the HinSchG came into force on July 2, 2023 due to their municipal structures. For this reason, no separate state law implementation is required here.
Who is affected?
Municipalities with 10,000 or more inhabitants and more than 50 employees as well as districts, offices, special-purpose associations and municipal and municipally controlled companies with 50 or more employees are obliged to set up an internal reporting office.
Can municipalities join forces?
Municipalities, districts, offices and special-purpose associations can jointly operate internal reporting offices or commission an external third party to set up and operate them in order to fulfill the obligations arising from the LHinSchG SH. Excluded from this cooperation are employers pursuant to Section 3 (9) HinSchG that are owned or controlled by local authorities. Municipal employers are therefore not permitted to set up a joint internal registration office. However, they still have the option of entrusting a third party with the tasks, but only for their own sphere of activity.
Is it possible to outsource the internal reporting office?
Yes, in accordance with Section 2 (2) LHinSchG, it will be possible for municipalities and municipal employment providers to commission a third party to implement and operate the internal reporting office.
How far along is implementation in Thuringia?
After the first reading of the government draft (Drs. 7/9657) in the state parliament on 15.03.2024, the draft of the Thuringian Act on the Implementation of the Act for Better Protection of Whistleblowers (ThürAGHinSchG) was referred to the Committee on Internal Affairs and Local Authorities. It is expected to be discussed there soon and referred back to the state parliament.
Who should be obliged in future?
According to Section 1 (2) ThürAGHinSchG, municipalities, districts and administrative communities with 10,000 or more inhabitants as well as special-purpose associations, municipal institutions and joint municipal institutions with 50 or more employees are obliged to set up and operate internal registration offices. This obligation also applies to municipal employers that are owned or controlled by municipalities, districts, administrative communities, special-purpose associations, municipal institutions and joint municipal institutions, as well as to the Thuringia Municipal Pension Association.
Can municipalities join forces?
Section 3 ThürAGHinSchG makes use of the option in Section 14 (2) HinSchG. According to this, internal registration offices can be set up and operated jointly by the municipal employment providers or by joint government services. Likewise, municipal employment providers that are owned or controlled by municipalities can also set up joint internal reporting offices.
The obligation to remedy a violation remains with the employer concerned.
Is it possible to outsource an internal reporting office?
Yes, in Thuringia reference is made to the provisions of the HinSchG. For this reason, Section 14 (1) sentence 1 Var. 3 HinSchG applies within the framework of the ThürAGHinSchG, which provides for outsourcing to an external third party.
The district of Giessen trusts us
Your advantages - our solution
One-stop store: Technical solution and operation including training from a single source.
Complete outsourcing of the reporting office to lawyers. Low personnel costs within the administration.
Maximum cost efficiency and transparency thanks to fixed monthly prices.
Minimal implementation effort.
Inter-municipal cooperation reduces costs and increases efficiency
We also have an eye on inter-municipal cooperation!
The implementation laws of the federal states allow you to join forces between the district and its affected municipalities. We adapt the registration office to your structures, which directly reduces your costs.
One district - one registration office. The option of splitting the costs between municipalities and districts is easy on the budget. Some federal states also offer the possibility for municipalities and associations of municipalities to integrate their own companies into joint registration office services. We are available to assist you in implementing the respective state legal requirements according to your individual structures and needs. We have shown how much you save on average in the chart over time.
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Your registration office - our core team
Antonia Amro
Lawyer
Kathrin Fornahl
In-house lawyer & (TÜV) Compliance Officer
Every report received by your reporting office is reviewed, assessed and processed in accordance with the dual control principle. We guarantee that at least one person is a lawyer from the core team. This gives you the security of knowing that no information will be lost or will not receive the necessary attention.
Antonia Amro has experience in conducting legal analyses in the field of investigations and in the project management of IT-supported insolvency proceedings as well as in practical legal work, e.g. as a defendant representative in civil proceedings at higher regional courts.
Jana Hill has extensive experience in mass litigation and end-to-end cooperation with large companies. She also has extensive knowledge of working with (inter)national law enforcement authorities and experience in the area of reporting services (victim protection).
Kathrin Fornahl is well versed in mass litigation and cooperation with law enforcement authorities. She also has extensive knowledge in the area of whistleblowing.
Testimonials
Prozess
Message
A report of an incident is received by your reporting office.
Note processing
The eagle lsp team will send a confirmation of receipt in due time and start processing the case.
Communication
In the subsequent communication, eagle lsp collects all the information required for further processing of the notification.
Summary
As soon as the facts have been processed, eagle lsp sends a summary of the report to the person responsible in the company.
Decision
They decide on further measures on the basis of the report.
Documents for download
Request our white papers and case studies. For example, the latest ones on “How to lay the foundation for an effective compliance strategy for SMEs and start-ups”, “How to strengthen trust in the internal reporting office through anonymous reporting channels” or “Whistleblowing compliance & innovation – no contradiction” including a checklist.
FAQs
With eagle lsp’s reporting service, you outsource the entire service. For a fixed monthly fee, we review all incoming reports, clarify all necessary queries and summarize them for you. Your only task is to view the summarized information and initiate appropriate measures.
The first-level check is already included in the fixed monthly price for a defined number of notices. In addition, we charge 98 euros for each report submitted. Important for you: We only charge for actual reports and not for “fun reports”.
We guarantee set-up within 24 hours of receiving the implementation checklist. All relevant questions are answered in this checklist.
Yes, you will receive a link to the reporting platform that you can place where you wish, e.g. on the intranet or on your website (e.g. in the Code of Conduct).
You will receive a report from eagle every six months. This contains information on the number of reports received, the legal areas, the processing time and the current status of reports being processed. We also regularly remind you of deadlines (e.g. for the final report to the whistleblower).
Our investigation and eDiscovery experts are also happy to support you in the event of internal investigations. This can include, for example, the securing and structured review of emails to clarify the facts. If required, we can also provide experts from our network (e.g. lawyers specializing in antitrust proceedings) free of charge.