Whistleblower

Persons reporting violations — protected under the German Whistleblower Protection Act (HinSchG)

26 April 2026 · Category: HinSchG · Compliance-Kit

Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.

TL;DR

Whistleblowers within the meaning of Sections 1 and 3 of the German Whistleblower Protection Act (HinSchG) are persons who, in the course of their professional activity or in advance of it, have obtained information about violations and report this information internally or externally or disclose it publicly. Protected categories include: employees, applicants, former employees, self-employed persons, temporary agency workers, shareholders, members of governing bodies, and supporting persons.

What is a whistleblower?

Protection applies under three conditions (Section 33 HinSchG):

Reasonable grounds to believe the information is true
The information falls within the material scope (Section 2)
The report is made internally, externally, or — under certain conditions — publicly

Also protected: persons supporting the whistleblower (supporting persons, Section 34 HinSchG).

Practical example

Protected persons: - Permanent employees and temporary agency workers - Applicants (including after rejection) - Former employees (without time limit) - Self-employed subcontractors - Shareholders - Members of management boards / managing directors - Interns / working students - Supporting persons (e.g. family members, trade-union representatives)

Frequently asked questions

Are anonymous whistleblowers protected?

Yes, provided they become identifiable. If they remain anonymous — indirect protection applies, but the reversal of burden of proof does not (no prima facie indicator possible).

What constitutes 'reasonable grounds'?

At the time of the report, the whistleblower must reasonably believe the information to be true. A subjective standard — no objective proof of truth is required.

What happens with a knowingly false report?

Section 33 (1) No. 2 HinSchG: no protection against retaliation. Fine of up to EUR 20,000. The accused has a claim for damages.