Case closure

Case closure marks the end of the report-handling process under the German Whistleblower Protection Act (Hinweisgeberschutzgesetz, HinSchG). Once the internal or external reporting channel has assessed the validity of the report, conducted an internal investigation where necessary and decided on appropriate follow-up measures, the procedure is formally concluded. Closure involves the final documentation of the facts, the measures taken and the reasons why the procedure was ended - for example because the suspicion could not be substantiated, because remedial measures were initiated, or because the case was referred to a competent authority.

A core element of case closure is the feedback to the whistleblower. Under Section 17 (2) HinSchG the reporting channel must provide feedback within three months of acknowledging receipt - or, if no acknowledgement was sent, within three months and seven days of the report being received. This feedback informs the whistleblower of planned or already implemented follow-up measures and the reasons for them. Provided that internal enquiries or investigations are not jeopardised and the rights of the persons concerned by the report are not affected, the whistleblower is thereby notified of the outcome of the procedure.

Case closure entails further obligations for the reporting channel, in particular proper documentation and retention. Under Section 11 HinSchG the report must be documented in a permanently retrievable manner while observing the confidentiality requirement; the documentation must be deleted three years after the procedure has been concluded, unless longer retention is necessary and proportionate. Even after closure, the prohibition of reprisals under Section 36 HinSchG remains in force, so the whistleblower is permanently protected against detriment. A clean case closure therefore creates legal certainty for everyone involved and is a precondition for a transparent, legally compliant whistleblowing system.