Source: whistleblower-net.de
German NGO Whistleblower-Netzwerk-e.V. (WBN) has lodged a complaint with the European Commission against the Federal Republic of Germany, asserting that the Whistleblower Protection Act (HinSchG) adopted on 2 July 2023 is in breach of the EU Directive on Whistleblowing, which it was meant to properly transpose into national law.
The complaint, which has been submitted through the formal channels of the European Commission, highlights twelve points where the transposition legislation falls short of meeting the minimum requirements stipulated in the EU Directive, as well as infringes upon Article 11 of the EU Charter of Fundamental Rights concerning freedom of expression and information.
Among the identified deficiencies, WBN points out that HinSchG fails to adequately consider requirements of the EU Directive, for example by prohibiting the disclosure of incorrect information, deterring potential whistleblowers, as well as misleading whistleblowers that they can only escalate concerns to a competent authority if it has not been addressed internally.
Official infringement proceedings have already been initiated by the EU Commission as the Directive had not been fully transposed before the 17 December 2021 deadline; the fine for which could be in the tens of millions.
In a news item annoucing the complaint on it’s website, WBN Chairwoman Annegret Falter, is quoted as saying:
“Comprehensive protection of whistleblowers also means enabling society to be provided with accurate information where scandals are swept under the carpet or artificial intelligence produces deceptions.”
WBN are again calling on the Federal Government and Parliament to promptly address the complaint and reform the law with forthcoming amendments to the legislation. WBN have repeatedly urged for improvements to the draft legislation during the protected debates and legislative process leading up to the final adoption of the law.