FAQ | Whistleblow Software

Frequently asked questions and interesting facts about the digital whistleblower system

General questions

The Whistleblower Protection Act is intended to expand the hitherto incomplete and inadequate protection of whistleblowers. The HinSchG is the German implementation of the EU Whistleblower Directive (2019/1937), which for the first time establishes standardized protection across the EU.

The Whistleblower Protection Act prohibits any reprisals or retaliation against whistleblowers.

  • Persons providing information
  • Persons who are the subject of the notification
  • Other persons who will be affected by a notification
  • Company
  • Legal entities under private and public law. Right
  • partnerships with legal capacity and other associations of persons with legal capacity
  • Broadcasters, such as the state broadcasting companies
  • Foundations under public law
  • the Protestant and Catholic churches with parishes
  • other churches recognized as corporations under public law pursuant to Article 140 of the German Basic Law (GG), Article 137 (5) of the Weimar Reichsverfassung, or recognized under corresponding provisions of state law, or constituted as associations under the German Civil Code (BGB)
  • Other religious communities

With the HinSchG, there is a legal obligation to introduce a whistleblower procedure

  • for companies with more than 250 employees immediately after the law comes into force
    i.e. since July 02, 2023
  • for smaller companies with more than 50 employees (and up to 249 employees) since December 17, 2023

If affected companies and associations do not implement the legal obligation to set up an internal reporting office, they run the risk of being fined. It is therefore advisable to implement a system in good time.

Of particular importance is the protection of the confidentiality of the identity of the persons providing the information. Likewise, this includes the person who is affected by the notification. Data is only released in exceptional cases, such as in criminal proceedings at the request of the law enforcement authorities. It is also a requirement that the data be transmitted and handled confidentially and encrypted in an IT notice system. IP addresses may not be identified and stored. SoftTec Whistleblow fulfills these requirements as a matter of course.

Yes! Your data will be processed in accordance with the guidelines of the Basic Data Protection Regulation. In addition, our system is compliant with ISO 37002.

No. SoftTec Whistleblow is a cloud solution and does not require installation. The whistleblower system is ready for use immediately after registration.

If you are using the trial version, you can easily purchase a license within 30 days via your existing user area and continue using your version.

Are you starting from scratch? Simply enter your company data and fill your whistleblower user area with the necessary data. To do this, follow the instructions after registration.

Questions about the reporting procedure

A false suspicion in a report can have far-reaching consequences. There is no protection for whistleblowers in cases of intentional or grossly negligent disclosure of false information. In this case, the person providing the information would be obliged to compensate the damage according to §38 HinSchG-E. This does not apply if the person providing the information could assume at the time of the report that the information was correct and accurate.

A notice must be confirmed after 7 days at the latest.

If a hint is given anonymously, the user can log in afterwards with the user name and the self-selected password and view the status. If the tip was reported with contact details, you will receive a notification by e-mail.

Feedback to the person providing the tip must be provided within 3 months (90 days) of receipt of the tip.

Feedback to the pointing person should include the following:

  • the communication of planned measures
  • the communication of measures already taken
  • Reasons for the above measures

Yes! The notes are to be documented and stored in compliance with the confidentiality requirement. This documentation must be deleted three years after completion of the procedure.

Do you have further questions?

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COMPANY

SoftTec GmbH
Hindelanger Strasse 35
87527 Sonthofen – Germany

Phone: +49 (0) 8321 / 6749 0
Email: info@softtec.de
Website: www.softtec.de

SERVICE & SUPPORT

Phone: +49 (0) 8321 / 6749 10
E-mail: support@whistleblow-software.eu

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