IndicatorSystems

Compliance-Line by ARQIS

New duties and requirements for companies 

With the EU Whistleblowing Directive and the Whistleblower Protection Act in Germany, the introduction of a whistleblowing system (also known as a whistleblowing system, WBS) will become mandatory by law: since July 2023 in the first step for all employers with more than 250 employees and from December 2023 for all employers with more than 50 employees.

Advantages

Whistleblowing systems are a core element of compliance management (ISO 37301) and an important building block of good corporate governance.

Organisations can react quickly and directly to grievances and avert negative consequences in their own business and in the supply chain at an early stage.

The internal whistleblowing system serves as a central point of contact for employees, business partners, customers and other stakeholders to report misconduct or irregularities.

LEGAL REQUIREMENTS

What a whistleblowing system must do

INTERNAL REPORTING SYSTEM

Reports must be possible in oral or written form. A personal meeting with the whistleblower must also be made possible at the whistleblower's request.

Identity protection

The confidentiality of the identity of the whistleblower and of third parties mentioned in the report must be maintained.

 

RESPONSE DEADLINES

The whistleblower must receive an acknowledgement of receipt within 7 days of the report. After approx. 3-4 months, feedback on the processing status must be provided.

Independent editing

Information must be received and processed by an impartial person or department within the company. The company may engage external parties, provided that independence and confidentiality, data protection and secrecy are guaranteed.

Data protection and labor law compliant

The GDPR and company co-determination rights must be observed when setting up and operating the whistleblower system.

In practice

Digital whistleblowing systems managed by lawyers

Digital whistleblowing systems are online platforms developed specifically for corporate whistleblowing. They can be operated completely independently of a company's IT infrastructure (cloud service).

A WBS can be integrated into an existing compliance management system. Legal requirements must be met both during implementation and operation. These include documentation under data protection law and co-determination under labor law.

The external legal operation of the internal whistleblower system fully covers all these legal requirements. Cases are handled confidentially and in a legally secure manner. Our experts are trained in dealing with whistleblowers and can validate tips directly in legal terms. If a tip turns into a case, the necessary internal investigation can be seamlessly initiated and supported by us.

Our Services

Compliance-Line by ARQIS

  • Efficient complete outsourcing of the topic of whistleblowing in your company
  • Full-service package and individual consulting for your whistleblowing system: planning and conception, roll-out, operation and follow-up measures
  • Selection and set-up of the appropriate system and service provider
  • Seamless integration of the whistleblowing system into your internal processes and corporate IT
  • Legally compliant, confidential case processing through legal support of the whistleblower system
  • Compliance with all requirements of the EU Whistleblowing Directive, data protection (DSGVO and BDSG) and labor law
  • Deadline management of statutory response and processing periods
  • Central point of contact for employees and stakeholders to report misconduct and irregularities
  • Ensuring independent whistleblowing processing as required by law
  • Comprehensive legal validation of incoming reports by experienced compliance lawyers
  • Competent advice on necessary follow-up measures
  • Tailored reports and statistics
OUR HINTING PROCESS

We know the common digital whistleblower systems and provide independent, flexible and interdisciplinary support in all phases from selection to implementation and case handling.

The legal support of the whistleblowing system ensures legally secure and confidential case handling in compliance with the requirements of the EU Whistleblowing Directive and the Supply Chain Act as well as labor law and data protection (DSGVO).

  • 24/7 availability via ComplianceLine
  • Short response time
  • Legally compliant legal processing
  • Trained handling of whistleblowers
  • Comprehensive case support
  • Follow-up measures and internal investigations
  • protection under labor law
  • Audit-proof documentation
  • Executive reporting

YOU STILL HAVE QUESTIONS?

Feel free to write to us, whether on the subject of whistleblower systems or our compliance offering in general.