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Justice Minister Marco Buschmann (on December 14): Whistleblower Law as an "effective instrument"
Photo:
Kay Nietfeld / dpa
Whistleblowers from authorities and companies should be better protected against reprisals in the future.
The Bundestag passed a corresponding law on Friday with the votes of the traffic light groups SPD, Greens and FDP.
Union and AfD voted against, the left abstained.
The law still has to go through the Bundesrat.
Actually, the European directive should have been implemented by mid-December 2021, which the previous government made up of Union and SPD did not manage to do, said FDP politician Stephan Thomae.
Legal certainty will now be ensured.
Sebastian Fiedler from the SPD added that scandals are often uncovered by courageous people who need protection.
In addition, their information must be dealt with appropriately.
Both will now be addressed.
CDU MP Martin Plum criticized that the law contained numerous vague legal terms.
For companies, it means additional bureaucracy and costs of half a billion euros a year.
Whistleblowers should be able to use internal or external reporting systems in the future.
Companies and authorities with at least 50 employees are obliged to make a corresponding offer.
With up to 249 employees, companies can operate a joint registration office with other companies.
There will be an external position at the Federal Office of Justice, in addition to the options already available at the Bafin Financial Supervisory Authority and the Federal Cartel Office.
The identity of whistleblowers should remain secret
A ban on reprisals for whistleblowers, such as dismissals, warnings or bullying, is also planned.
The burden of proof should be reversed to make it easier for whistleblowers.
The identity of the whistleblower or any person about whom a complaint has been made should be known only to those handling the case.
The identity should only be disclosed in exceptional cases, for example in criminal proceedings at the request of the prosecutor.
Federal Minister of Justice Marco Buschmann (FDP) said that the Whistleblower Protection Act creates an effective system and is as bureaucratic as possible.
»For example, companies have the option of entrusting a law firm or, within a group, an independent and confidential office with the tasks of an internal reporting office.«
The passage of the law had dragged on even after the change of government.
The cabinet had already approved a first draft in the summer.
However, this had drawn a lot of criticism, because associations and legal politicians considered it insufficient in parts.
Sol/dpa/Reuters
