Applies toEUDEAT
HinSchG

Whistleblower Protection

The German Whistleblower Protection Act (HinSchG) has applied since 2 July 2023 (transitional provision § 42: 1 December 2023 and 17 December 2023); anonymous reports are a 'should' requirement under § 16(1) HinSchG — there is expressly no obligation to open reporting channels for anonymous reports; HinSchGOWiZustV in force since 15 April 2025: set up an internal reporting office, confidentiality concept § 8, prohibition of reprisals § 36, group hybrid model § 14. Note: § 22 = Bundeskartellamt reporting office (competition law), NO audit obligation. In Austria, the Austrian Whistleblower Protection Act (HSchG) applies instead of the HinSchG.

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Whistleblower protection in Austria: HSchG instead of HinSchG

The articles in this hub describe the German legal situation. In Austria, the Austrian Whistleblower Protection Act (HSchG, BGBl. I Nr. 6/2023) applies — the obligations are similar, but the provisions, authorities and sanctions differ.

  • Internal office from 50 employees: companies and legal entities in the public sector with 50 or more employees must enable internal reporting and set up an internal whistleblowing system (§ 3(1), § 11(1) HSchG) — corresponds to § 12 HinSchG.
  • Acknowledgement of receipt: without undue delay, at the latest after seven calendar days and in writing (§ 9(1) HSchG) — corresponds to § 17(1) no. 1 HinSchG.
  • Feedback on follow-up measures: at the latest three months after receipt of the report (§ 13(9) HSchG) — corresponds to § 17(2) HinSchG.
  • External office: centrally the Federal Bureau of Anti-Corruption (BAK) for reports concerning private and public legal entities (§ 15(1) HSchG) — not the Federal Office of Justice (BfJ), the Bundeskartellamt or BaFin. Special offices (e.g. FMA, Federal Competition Authority) take precedence (§ 15(2) HSchG).
  • Narrower material scope: the HSchG covers the EU areas (including, among others, public procurement, financial services, product and food safety, environmental protection and data protection) plus the corruption offences under §§ 302 to 309 StGB (§ 3(3) HSchG) — not every breach subject to criminal penalties, as under § 2(1) no. 1 HinSchG.
  • Sanctions: administrative fine imposed by the district administrative authority of up to EUR 20,000, and up to EUR 40,000 in the event of repetition (§ 24 HSchG) — instead of the fines of up to EUR 50,000 under § 40 HinSchG.
  • Standard of proof: instead of the reversal of the burden of proof under § 36(2) HinSchG, the lower standard of prima facie evidence applies: the reporting person must show prima facie that the measure was retaliation; the person who took the measure must in turn show prima facie a different, more probable motive (§ 23 HSchG).

All articles on HinSchG (17)

  1. Set Up Internal Whistleblower Reporting Office 2026 (HinSchG)

    Step-by-step guide to setting up internal whistleblower reporting office under German HinSchG: 8-step guide, 3 channels, anonymous reports, audit.

  2. HinSchG Updates 2024–2026: What Has Actually Changed?

    Verified Whistleblower Protection Act (HinSchG) updates 2024–2026: no mandatory anonymous channel (Section 16(1) HinSchG), HinSchGOWiZustV (BfJ fining authority).

  3. HinSchG for Associations + NPOs 2026: What Applies and What Does Not

    HinSchG for German associations, foundations and NPOs in 2026: 50-employee threshold, religious organizations, public funding compliance, group solutions.

  4. HinSchG Confidentiality Concept (Section 8): How to Make It Audit-Ready

    HinSchG confidentiality concept under Section 8: technical and organizational measures, role separation, audit trail, 18-point audit checklist.

  5. DPIA for HinSchG Reporting Channel: 7-Step Template

    Data Protection Impact Assessment (DPIA) for HinSchG reporting channel under Art. 35 GDPR + Section 8 HinSchG: 7 steps, confidentiality risks, software.

  6. HinSchG Communication to Employees: 5 Mandatory Components

    HinSchG employee communication: 5 mandatory components, sample texts for posters, onboarding, manager training, refreshers and quarterly newsletters.

  7. HinSchG External Reporting Channel: Provider Comparison 2026

    HinSchG external reporting channel: comparison of 6 DACH providers (law firms, EQS, BfJ, Whistlelink, NAVEX, EthicsCheck) with prices, pros and cons.

  8. HinSchG for Banks + Financial Services: BaFin Specifics

    HinSchG for banks, savings banks, insurers and fintechs: additional BaFin obligations, MaRisk, BCBS 239, whistleblower hotline mandatory from 1 employee.

  9. HinSchG Group Practice: Hybrid Model Implementation

    Implementing the HinSchG hybrid group reporting model: central software + local investigators, EU-compliant despite 03/2024 Commission objection.

  10. HinSchG Group Reporting Channel: What is Permissible (2026)

    HinSchG group reporting channel under Section 14: legal status, EU Commission objection, three models compared, hybrid recommendation, DACH considerations.

  11. HinSchG: Handling Intentionally False Reports

    Handling false HinSchG reports: Section 38 damages, evidence burden, communication with the accused, reputation protection.

  12. HinSchG for Hospitals + Care: Section 203 StGB Conflicts

    HinSchG for hospitals and care institutions: Section 203 StGB conflicts, CIRS interplay, pharmaceutical compliance, external reporting recommendation.

  13. HinSchG vs. International Whistleblower Laws: 2026 Comparison

    HinSchG vs. EU vs. US vs. UK whistleblower laws: obligations, protection, fines compared. Implications for multinational SMEs.

  14. HinSchG for IT Providers + MSSPs: Specifics

    HinSchG for IT service providers and MSSPs: client confidentiality, insider threats, NIS2 dual obligation, SOC staff protection.

  15. Whistleblower Protection Act for Law Firms: Professional Rules + Confidentiality

    HinSchG for German law firms: Section 203 Criminal Code confidentiality, BRAO conflicts, whistleblower protection for staff, beA integration.

  16. HinSchG Effectiveness Self-Review 2026: 12 Audit Points for Compliance Officers

    HinSchG (Whistleblower Protection Act) effectiveness self-review 2026 in 12 points — best practice for management reporting, NOT a statutory obligation.

  17. HinSchG: Top 8 SME Questions in 2026

    Top 8 HinSchG questions from German SMEs: thresholds, channels, retention, retaliation, identity disclosure, false reports, Section 22 audit.