Ombudsperson
An external, impartial trusted intermediary – often a lawyer – who serves as a confidential point of contact for whistleblowers and is bound by strict duties of confidentiality.
An ombudsperson is an external, impartial individual – typically a lawyer or another independent professional – appointed by an organisation to serve as a confidential first point of contact for whistleblowers. The ombudsperson receives reports on behalf of the organisation, advises reporters on their options, and, with the reporter's consent, forwards the information to the appropriate internal function for investigation. The ombudsperson is bound by professional confidentiality obligations and does not disclose the reporter's identity without consent.
The use of an ombudsperson is explicitly recognised under the German Whistleblower Protection Act (HinSchG) as a valid way to operate or supplement an internal reporting channel. Organisations often choose this model because it provides reporters with an additional layer of trust and independence: rather than reporting to an internal compliance officer who may have ties to management, the reporter can approach a legally privileged external professional.
Ombudspersons are particularly valuable in smaller organisations that lack a dedicated compliance function, in highly sensitive cases where reporter trust is paramount, and in situations where the alleged misconduct involves senior management. When combined with a digital reporting platform, an ombudsperson-based model can provide both human support and scalable, audit-ready case management.
Legal Basis
§ 14 Hinweisgeberschutzgesetz (HinSchG); Art. 8 (5) EU Directive 2019/1937
Practical Example
A family-owned company with 80 employees appoints an external law firm as its ombudsperson. When an employee suspects that the managing director is engaged in tax fraud, they contact the ombudsperson directly rather than using the internal system, worried about the director's influence. The ombudsperson listens confidentially, advises the employee on their rights under the HinSchG, and – with the employee's consent – passes a summary of the report to the supervisory board for independent investigation, protecting the reporter's identity throughout.