The Hinweisgeberschutzgesetz (HinSchG, Whistleblower Protection Act) protects people who report legal violations in a work context against retaliation. It transposes the EU Whistleblower Directive and has been in force since July 2023. Its core elements are a mandatory internal reporting channel, a prohibition of reprisals with a reversed burden of proof, and confidentiality.
At a glance
- The HinSchG has been in force since 2 July 2023 and implements EU Whistleblower Directive (EU) 2019/1937
- An internal reporting channel is mandatory from 50 employees as a rule (§ 12 HinSchG)
- Reporting persons may choose freely between the internal channel and the external channel at the Bundesamt für Justiz (§ 7 HinSchG)
- Reprisals are prohibited, with the burden of proof reversed in the reporting person's favour (§ 36 HinSchG)
- The identity of the reporting person must be kept confidential (§ 8 HinSchG)
- Fines of up to 50,000 € (e.g. for reprisals or obstructing a report); a missing reporting channel up to 20,000 € (§ 40 HinSchG)
Who is protected and what can be reported
- Protected persons include employees, applicants, former employees, temporary agency workers, and others connected through work (§ 1 HinSchG)
- Reports may concern criminal offences and certain administrative offences, plus breaches of specifically listed German and EU rules (§ 2 HinSchG)
- Protection requires reasonable grounds to believe the reported information is true
- Protection covers internal and external reports; anonymously submitted reports should be processed
FAQ
Must a report be made internally first?
No. Under § 7 HinSchG reporting persons can choose between the internal and external channel. The law encourages using the internal channel where the issue can be dealt with effectively internally and no reprisals are feared, but it does not require it.
What does the reversed burden of proof mean in practice?
If a reporting person suffers a disadvantage after a report, it is presumed to be a reprisal (§ 36 (2) HinSchG). The employer must then prove that the measure was based on other, objective grounds.
Can several small companies share one reporting channel?
Yes. Companies with 50 to 249 employees may set up a shared reporting channel or appoint a third party such as a law firm or ombudsperson to run it (§ 14 HinSchG). Responsibility for remedial action stays with the company.
Should anonymous reports be handled?
Reporting channels should process anonymously submitted reports as well. Designing channels so that anonymous reports are possible complements the confidentiality protection and is good practice.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
