Investigation (HinSchG)

Procedure after a report has been received

What is an investigation (HinSchG)?

Phases of an investigation:

1. Triage: plausibility, competence
2. Investigation plan
3. Securing evidence
4. Hearings (whistleblower, accused person, witnesses)
5. Assessment
6. Recommendation
7. Documentation
8. Feedback to the whistleblower

Legal position: Germany and Austria

The course of the procedure after a report has been received is governed separately in Germany and Austria. In substance the deadlines are largely the same (they are based on the same EU Whistleblower Directive 2019/1937), but the provisions and the competent bodies differ.

Germany (HinSchG)

• Acknowledgement of receipt: The internal reporting office confirms receipt to the reporting person within seven days at the latest (§ 17(1) no. 1 of the German Whistleblower Protection Act (HinSchG)).
• Follow-up measures: The internal reporting office assesses whether the report is well-founded and takes appropriate follow-up measures such as internal investigations or referral to a competent body (§ 18 HinSchG).
• Feedback: Within three months of the acknowledgement of receipt, the reporting person receives feedback on planned or already taken follow-up measures and the reasons for them (§ 17(2) HinSchG).
• External reporting office: The Federal Office of Justice (BfJ) confirms receipt within seven days and provides feedback within three months at the latest, or within six months in extensive cases (§ 28(1) and (4) HinSchG).

Austria (HinweisgeberInnenschutzgesetz – HSchG)

• Acknowledgement of receipt: The internal body confirms receipt of written reports without undue delay, but within seven calendar days at the latest (§ 9(1) of the Austrian Whistleblower Protection Act (HSchG)).
• Follow-up measures: The internal body assesses the report and takes suitable follow-up measures (§ 13 HSchG).
• Feedback: Within three months of receipt of the report at the latest, the internal body states which follow-up measures it has taken or intends to take, or on what grounds it is not pursuing the report further (§ 13(9) HSchG).
• External body: The competent body is the Federal Bureau of Anti-Corruption (BAK); it reports its findings and follow-up measures back to the reporting person within three months at the latest, or within six months in sufficiently justified cases (§ 17(6) HSchG).

Practical example

Report 'corruption in the purchasing department': a four-week investigation with an external investigator. Result: recommendation for disciplinary proceedings + termination of the contract.

See also

• Internal reporting office
• Confidentiality