Reporting person
Under the German Whistleblower Protection Act (HinSchG), a reporting person is a natural person who reports or discloses information about breaches obtained in a work-related context and is therefore protected against reprisals.
The concept of the reporting person forms the personal core of the German Whistleblower Protection Act (HinSchG). Under Section 1 (1) HinSchG, protection extends to any natural person who has obtained information about breaches in connection with their professional activity, or in the run-up to such activity, and who reports this information to an internal or external reporting channel or discloses it publicly. What matters is the work-related origin of the information, not the specific form of the employment relationship.
The personal scope is deliberately broad. Section 1 (1) HinSchG covers not only employees but also civil servants, temporary agency workers, the self-employed, shareholders, members of management or supervisory bodies, trainees, volunteers, as well as persons whose employment relationship has already ended or has not yet begun, such as job applicants. Persons who learn of breaches while working for contractors, subcontractors or suppliers can also qualify as reporting persons.
However, a reporting person only attains protected status if, at the time of the report, they had reasonable grounds to believe that the reported information was true (good faith under Section 33 (1) no. 2 HinSchG) and the reported breach falls within the material scope of Section 2 HinSchG. Reports that are intentionally or grossly negligently false are not protected and may give rise to claims for damages and administrative fines. Where the requirements are met, the prohibition of reprisals, the protection of identity and the reversal of the burden of proof all apply in favour of the reporting person.
Legal Basis
Section 1 HinSchG, Section 2 HinSchG, Section 33 HinSchG; Art. 4 EU Whistleblower Directive (EU) 2019/1937
Practical Example
A temporary agency worker notices, during her assignment at a logistics company, that safety-relevant inspection records are being systematically falsified. Although she is not directly employed by the company, she falls within the personal scope of the HinSchG as a person acting in a work-related context. The compliance officer must accept her report through the internal reporting channel, treat her identity confidentially and ensure that her good-faith report results in no disadvantages, such as non-renewal of her assignment.