Duty to inform about channels
The duty to inform about reporting channels requires employers to clearly and comprehensibly tell their staff how to use the internal reporting office as well as the external reporting procedures provided by the federal authority and the EU.
The duty to inform about reporting channels describes an employer's obligation to set out, transparently and in an easily accessible way, how and where whistleblowers can report breaches. Under the German Whistleblower Protection Act (HinSchG), it must be clearly recognisable that, in addition to the organisation's internal reporting office, external reporting offices - in particular the federal external reporting office at the Federal Office of Justice - are also available. The purpose of the duty is to enable whistleblowers to make an informed choice among the permitted channels and not to refrain from reporting out of ignorance.
In substance, the information must cover at least the existence of the internal and external reporting channels, how to reach them, the permitted reporting forms (orally, in writing or, on request, in a personal meeting) and the course of the procedure. This includes the acknowledgement of receipt within seven days, the feedback within three months on planned or taken follow-up measures, and a reference to the confidentiality requirement. The information should be provided in clear, comprehensible language and made permanently and low-barrier accessible, for example via the intranet, a notice or as part of the whistleblowing system.
The duty is closely linked to the three-tier reporting system and the whistleblower's right to choose: employers may create incentives to use the internal reporting office first, but must neither prevent nor impede the use of the external reporting office. Insufficient, misleading or missing information can be regarded as obstructing a report and may be subject to a fine. Correct information also protects the organisation, because it increases acceptance of the internal channel and reduces the risk of premature public disclosure.
Legal Basis
Section 7(3), Section 13(2) HinSchG; Art. 7(3) EU Whistleblower Directive (Directive (EU) 2019/1937)
Practical Example
A compliance officer at a mid-sized company with 320 employees notices that the intranet only lists an email address for the internal reporting office. She adds a permanently available information page that explains the internal channel, the permitted reporting forms, the seven-day and three-month deadlines, and explicitly references the federal external reporting office at the Federal Office of Justice. She also puts up a notice on the bulletin board to reach employees without permanent screen access, and documents the measure to meet her duty of proof.