Oral report

An oral report is one of the legally mandated channels through which whistleblowers may submit information about breaches under the German Whistleblower Protection Act (HinSchG). It is typically made by telephone or via another voice-messaging system, such as a voicemail box or recorded message attached to the reporting channel. Both internal and external reporting offices must enable reports in oral as well as written form; restricting the channel to a single format is not permitted. The reporting person always retains the right to choose the form in which they approach the reporting office.

The Act imposes specific documentation requirements on oral reports. Where a report is made by telephone or other voice transmission, the reporting office may only create a permanently retrievable audio recording with the consent of the reporting person; without consent, it must instead produce an accurate and complete summary, either a verbatim transcript or a faithful written record of the conversation. The reporting person must be given the opportunity to review this documentation, to correct it where necessary, and to confirm it by signature or in another form. At the request of the reporting person, the oral report must also be discussed in a physical meeting within a reasonable period.

An oral report is subject to the same protective and procedural guarantees as any other protected report: the duty of confidentiality safeguarding the whistleblower's identity, the obligation to acknowledge receipt within seven days, and the feedback on planned and taken follow-up measures within three months. The prohibition of reprisals applies regardless of whether a report was made orally or in writing. For organisations this means that a mere email contact is not sufficient: the reporting channel must be designed in technical and organisational terms so that telephone tips, too, can be received securely, treated confidentially, and documented in compliance with the law.