A whistleblowing alert is a report of information.

Information about violations is reasonable suspicion or knowledge of actual or potential violations that have already been committed or are very likely to be committed by the employer where the whistleblower works or worked, or by another organisation with which the whistleblower is or was in contact due to their professional activity, as well as attempts to conceal such violations. Reports are communications of information about violations to internal reporting centres or external reporting centres.

Yes, you can decide whether to contact the internal reporting centre directly (verbally, by telephone, by e-mail) or anonymously. In the anonymous report, you can also specify whether and, if so, how you can be contacted. See button "Personal contact desired".

After submitting an anonymous report, you generate a PDF document that only you can open with the password you used. In your PDF document you will find an individual link which you can use to view the status of the processing of your report. You can use this link to communicate anonymously with the internal reporting centre.

1. The internal reporting centre is an office that has been set up to receive incoming reports, process them and, if necessary, take any resulting follow-up measures. Persons entrusted with this task must fulfil appropriate confidentiality requirements.
2. The tasks of the "internal reporting office" can be performed by employees of the company who fulfil the corresponding confidentiality requirements. In addition, the tasks of the "internal reporting office" can also be performed by service providers / employees of service providers who fulfil the corresponding confidentiality agreements. Corresponding agreements and contracts are in place with the respective persons and service providers.
3. The internal reporting office in our company is staffed by the following persons:
   Please click on the "Personal contact requested" button on the first page of the portal.
   There you will see the names and e-mail addresses of the respective persons.

The internal reporting office. You can see the details of the persons here:
Please click on the button "Personal contact requested" on the first page of the portal.
There you will see the names and e-mail addresses of the respective persons.

Confidentiality protection is guaranteed in § 8 HinSchG. § Section 8 HinSchG reads:

• Reporting centres shall protect the confidentiality of the identity of the following persons:
  
  1. the reporting person, provided that the reported information concerns offences that fall within the scope of this Act or the reporting person had reasonable grounds to believe that this was the case at the time of the report,
  2. the persons who are the subject of a report, and
  3. the other persons named in the report.
• The identity of the persons named in sentence 1 may only be disclosed to the persons responsible for receiving reports or for taking follow-up action and to the persons assisting them in the fulfilment of these tasks.
• The requirement of confidentiality of identity applies regardless of whether the reporting centre is responsible for the incoming report.

No. The confidentiality protection of the law from § 8 HinSchG also applies to business performance. § Section 8 HinSchG reads:

• Reporting centres shall maintain the confidentiality of the identity of the following persons:
  1. the reporting person, provided that the reported information concerns offences that fall within the scope of this Act or the reporting person had reasonable grounds to believe that this was the case at the time of the report,
  2. the persons who are the subject of a report, and
  3. the other persons named in the report.
• The identity of the persons named in sentence 1 may only be disclosed to the persons responsible for receiving reports or for taking follow-up action and to the persons assisting them in the fulfilment of these tasks.
• The requirement of confidentiality of identity applies regardless of whether the reporting centre is responsible for the incoming report.

The internal reporting centres can be

1. Employees of the company can fulfil the role of internal reporting office. The dual control principle is integrated into the system when assigning the "reporting office" role and processing reports. A person cannot assign themselves the "Reporting office" role in the system alone. Only a second person can be assigned the "Reporting office" right and a third person (dual control principle) must authorise it. Only then is a person in the system authorised to view and process reports. Changes to the status (incorrect, completed) of the report must also be confirmed by at least two people. An employee of the reporting centre can be excluded from processing. If an employee of the reporting centre attempts to exclude all other persons from a report, the system sends information to the persons concerned and they can clarify the facts.
2. External specialised service providers and their employees can assume the role of the internal reporting office in cooperation with employees of the company. The same system as described under a. applies here.
3. External specialised lawyers can assume the role of the internal reporting office in cooperation with employees of the company. The same system as described under a. applies here.

The internal reporting office in our company:

Please click on the button "Personal contact requested" on the first page of the portal.
There you will see the names and e-mail addresses of the respective persons.

No. The internal reporting centres also have a duty of confidentiality towards administrators. Administrators can only confirm the status (incorrect, completed) of a report. They only see the last entry of the reporting centre without any information about the persons concerned.

The HR department is not automatically the internal reporting centre.
Please click on the "Personal contact required" button on the first page of the portal.
There you will see the names and e-mail addresses of the respective persons.

Administrators have the following rights in the system:

• Creation of employees and administration of rights
• Creation of service providers and administration of rights
• Assignment of training courses to employees
• Assignment of the Reporting Centre role (dual control principle)
• Confirmation of the Reporting Centre role (dual control principle)
• Confirmation of incorrect or completed status (dual control principle)

• In the German Transposition Act, whistleblowers are granted confidentiality under the conditions of Section 8 (1) sentence 1 no. 1 HinSchG (reports within the scope of application of the HinSchG or good faith that it is a report that is subject to the HinSchG) to protect them from reprisals. The same applies to the persons affected by a report and other persons mentioned therein.
• According to Section 8 para. 1 sentence 2 HinSchG, the identity of these persons may only be known to the persons responsible for receiving reports or for taking follow-up measures, as well as to the persons supporting them in the fulfilment of these tasks.
• Internal reporting channels must therefore be designed in accordance with Section 16 (2) HinSchG in such a way that only the persons responsible for receiving and processing the reports and the persons supporting them in the fulfilment of these tasks have access to the incoming reports.

Individual employees are not informed who has submitted which report.

Please click on the "Personal contact requested" button on the first page of the portal.
There you will see the names and e-mail addresses of the respective persons.

As a follow-up to a report, the internal reporting office can in particular

1. conduct internal investigations at the employer or the relevant organisational unit and contact the persons and work units concerned,
2. refer the whistleblower to other competent bodies,
3. close the proceedings for lack of evidence or for other reasons, or
4. hand over the procedure for further investigation to
   a) a work unit responsible for internal investigations at the employer or at the respective organisational unit, or
   b) a competent authority.

Upon receipt in the system, your report will be processed by the internal reporting centre. When you submit your report, you generate an encrypted PDF document that only you can view by entering the password you used. This document is proof that your report has been received by the reporting centre and serves as confirmation of receipt. In your PDF document you will also find a link that is only known to you. By entering this link in a browser, you can regularly view the current status of the processing of your report. No later than 7 days after receipt of your report, you will see the first entry from the reporting centre and any queries that you can answer anonymously via your link. After 3 months, the report will be finalised and you will be able to read what has happened to your report.

In the German Implementation Act, whistleblowers are granted confidentiality under the conditions of § 8 para. 1 sentence 1 no. 1 HinSchG (reports within the scope of application of the HinSchG or good faith that the report is subject to the HinSchG) to protect them from reprisals. The same applies to the persons affected by a report and other persons mentioned therein.

According to Section 8 para. 1 sentence 2 HinSchG, the identity of these persons may only be disclosed to the persons responsible for receiving reports or for taking follow-up measures, as well as to the persons assisting them in the fulfilment of these tasks.

Information on the identity of persons who are the subject of a report and of other persons named in the report may be passed on to the relevant competent body in deviation from Section 8 (1)

1. if consent has been given in this regard,
2. by internal reporting offices if this is necessary in the context of internal investigations at the respective employer or in the respective organisational unit,
3. in criminal proceedings at the request of the prosecuting authority,
4. on the basis of an order in administrative proceedings following a report, including administrative fine proceedings,
5. on the basis of a court decision,
6. by the Federal Financial Supervisory Authority as an external reporting office in accordance with Section 21 to the responsible specialised departments within the Federal Financial Supervisory Authority and, in the case of transactions specified in Section 109a of the German Securities Trading Act, to the bodies specified in Section 109a of the German Securities Trading Act, or
7. by the Federal Cartel Office as an external reporting office pursuant to Section 22 to the competent specialised departments within the Federal Cartel Office and, in the cases of Section 49 (2) sentence 2 and (4) and Section 50d of the Act against Restraints of Competition, to the respective competent competition authority.

No. However, you must make it clear whether you are reporting facts or suspicions.

No. The whistleblower is liable to pay compensation for damages resulting from an intentional or grossly negligent report or disclosure of incorrect information.

Please click on the button "Personal contact requested" on the first page of the portal. There you will see the names and e-mail addresses of the relevant persons.
You can also make an appointment.

• In the German Implementation Act, whistleblowers are granted confidentiality under the conditions of Section 8 (1) sentence 1 no. 1 HinSchG (reports within the scope of application of the HinSchG or good faith that the report is subject to the HinSchG) to protect them from reprisals. The same applies to the persons affected by a report and other persons mentioned therein.
• According to Section 8 para. 1 sentence 2 HinSchG, the identity of these persons may only be known to the persons responsible for receiving reports or for taking follow-up measures, as well as to the persons supporting them in the fulfilment of these tasks.
• Internal reporting channels must therefore be designed in accordance with Section 16 para. 2 HinSchG in such a way that only the persons responsible for receiving and processing the reports and the persons supporting them in the fulfilment of these tasks have access to the incoming reports.

1. Various exceptions to the confidentiality requirement are standardised in Section 9 HinSchG, for example for the forwarding of reports to the law enforcement authorities, see Section 9 para. 2 sentence 1 no. 1 HinSchG.

   § Section 9 HinSchG reads:

   § 9 Exceptions to the confidentiality requirement

   1. The identity of a whistleblower who intentionally or through gross negligence reports incorrect information on offences shall not be protected under this Act.
   2. Notwithstanding Section 8(1), information about the identity of a whistleblower or other circumstances that allow conclusions to be drawn about the identity of this person may be passed on to the competent authority
      1. in criminal proceedings at the request of the criminal prosecution authorities,
      2. on the basis of an order in administrative proceedings following a report, including administrative fine proceedings,
      3. on the basis of a court decision,
      4. by the Federal Financial Supervisory Authority as an external reporting office in accordance with Section 21 to the competent specialist departments within the Federal Financial Supervisory Authority and, in the case of transactions referred to in Section 109a of the German Securities Trading Act, to the bodies referred to in Section 109a of the German Securities Trading Act, or
      5. by the Bundeskartellamt as an external reporting office pursuant to Section 22 to the competent specialist departments within the Bundeskartellamt and, in the cases of Section 49 (2) sentence 2 and (4) and Section 50d of the Act against Restraints of Competition, to the competent competition authority. The reporting office must inform the whistleblower in advance of the disclosure. This shall not apply if the law enforcement authority, the competent authority or the court has informed the Reporting Office that the information would jeopardise the relevant investigations, enquiries or court proceedings. The person providing the information must also be informed in writing or electronically of the reasons for the disclosure.
   3. Beyond the cases in paragraph 2, information about the identity of the whistleblower or other circumstances that allow conclusions to be drawn about the identity of this person may be disclosed if
      1. the disclosure is necessary for follow-up measures and
      2. The consent pursuant to sentence 1 number 2 must be given separately and in text form for each individual disclosure of information about the identity. The provision of Section 26 (2) of the Federal Data Protection Act remains unaffected.
   4. Information on the identity of persons who are the subject of a notification and of other persons named in the notification may be passed on to the competent authority in deviation from Section 8 (1)
      1. if consent has been given in this regard,
      2. by internal reporting offices if this is necessary in the context of internal investigations at the respective employer or in the respective organisational unit,
      3. if this is necessary for taking follow-up measures,
      4. in criminal proceedings at the request of the prosecuting authority,
      5. on the basis of an order in administrative proceedings following a report, including administrative fine proceedings,
      6. on the basis of a court decision,
      7. by the Federal Financial Supervisory Authority as an external reporting office in accordance with Section 21 to the responsible specialist departments within the Federal Financial Supervisory Authority and, in the case of transactions specified in Section 109a of the German Securities Trading Act, to the bodies specified in Section 109a of the German Securities Trading Act, or
      8. by the Bundeskartellamt as an external reporting office in accordance with Section 22 to the competent specialised departments within the Bundeskartellamt and, in the cases of Section 49 (2) sentence 2 and (4) and Section 50d of the Act against Restraints of Competition, to the respective competent competition authority.
2. Violations of the confidentiality requirement under Section 8 HinSchG are punishable by fines of up to € 50,000 under Section 40 (3) and (4) OWiG.

Yes, such cases are regulated in § 5 HinSchG. § Section 5 HinSchG reads:

This reads:

1. A report or disclosure does not fall within the scope of this Act if it contains the following information:
   1. Information relating to national security or essential security interests of the state, in particular military or other security-sensitive interests of the portfolio of the Federal Ministry of Defence or critical infrastructures within the meaning of the BSI Critical Infrastructure Ordinance,
   2. information from federal or state intelligence services or from federal or state authorities or other public bodies, insofar as they perform tasks within the meaning of Section 10(3) of the Security Review Act or within the meaning of corresponding legislation of the federal states, or
   3. information relating to the award of public contracts and concessions that fall within the scope of Article 346 of the Treaty on the Functioning of the European Union.
2. A notification or disclosure shall also not fall within the scope of this Act if it conflicts with
   1. an obligation of secrecy or confidentiality for the material or organisational protection of classified information, unless it concerns the reporting of a breach pursuant to Section 2(1)(1) to an internal reporting office (Section 12), no third party has been entrusted with the tasks of the internal reporting office pursuant to Section 14(1) and the obligation of secrecy or confidentiality in question relates to a classified matter of the Federation pursuant to Section 4(2)(4) of the Security Review Act or to a corresponding classified matter pursuant to the legislation of the Länder,
   2. the secrecy of judicial counselling,
   3. the duties of confidentiality of lawyers, defence counsel in legal proceedings, chamber counsel, patent attorneys and notaries,
   4. the duties of confidentiality of doctors, dentists, pharmacists and members of other medical professions that require state-regulated training in order to practise the profession or use the professional title, with the exception of veterinarians, insofar as violations of the legal provisions on the protection of commercially kept farm animals covered by Section 2(1)(3)(k) are concerned, or
   5. the obligations to maintain confidentiality by persons who, on the basis of a contractual relationship including joint professional practice, a preparatory professional activity or another auxiliary activity, are involved in the professional activity of the persons subject to professional secrecy referred to in numbers 2, 3 and 4.

Yes, the protection of confidentiality under Section 8 HinSchG continues to apply even after I have left the company. § Section 8 HinSchG reads:

• Reporting centres shall maintain the confidentiality of the identity of the following persons:
  1. the reporting person, provided that the reported information concerns offences that fall within the scope of this Act or the reporting person had reasonable grounds to believe that this was the case at the time of the report,
  2. the persons who are the subject of a report, and
  3. the other persons named in the report.
• The identity of the persons named in sentence 1 may only be disclosed to the persons responsible for receiving reports or for taking follow-up action and to the persons assisting them in the fulfilment of these tasks.
• The requirement of confidentiality of identity applies regardless of whether the reporting centre is responsible for the incoming report.