Advocacy

Legal regulations to protect whistleblowers are few and far between in Germany. This means that there is a considerable amount of legal uncertainty for all employees who want to expose breaches of law, misconduct and dangers in their working environment. This is why our central fields of work encompass influencing the political and legal developments with respect to whistleblowing. Our objective is a comprehensive legal protection of whistleblowers.

Whistleblowing Directive

In October 2016, the European Union adopted a Directive on the protection of persons who report breaches of Union law in their working environment. Within two years, the German legislator must create legal regulations that protect whistleblowers against retaliation. These must at least correspond to the level of protection of the Directive, and, in Germany in particular, they will involve a considerable improvement of whistleblower protection. After several failed attempts of various parties to pass a whistleblower law in Germany, this is a pleasing development. For effective protection, however, the minimum requirements of the Directive would have to be exceeded considerably. Whistleblower-Netzwerk and Transparency Germany have adopted a joint position paper on this.

Paper National Implementation – Dr. Simon Gerdemann

Timeline for Transposing the EU Directive into National Law

In the timeline below, we have set out the most important milestones and comments from the fields of politics, economy, and civil society for transposing the EU Whistleblower Directive in Germany. This list is continuously updated. However, if you think that there is an entry missing, we would be delighted if you sent a note to zittel@whistleblower-net.de.

The progress of transposition across all 27 Member States  gives the EU Whistleblowing Meter.

17/04/2020 Whistleblower-Netzwerk criticises the Key Issues Paper of the BMWi (Federal Ministry for Economic Affairs and Energy) on the Transposition of the EU Directive into National Law

To the Press Release

30/01/2020: Bundestag (German Parliament) rejects the motion of the AfD for a subsidiarity complaint against the Whistleblower Directive

To the debate in the Bundestag

13/12/2019: Parliamentary group of the Greens commits itself for a comprehensive transposition of the EU Directive into national law

To the comment (with video clip)

26/11/2019: With the publication in the Official Journal of the EU, the time limit for national transposition starts, and it elapses on 17 December 2021

To the publication in the Official Journal

21/11/2019: Former ECJ judge Colneric affirms equal status of internal and external whistleblowing

To the speech

21/11/2019: Workshop of Whistleblower-Netzwerk and Transparency Germany identifies „key issues" in the transposition of the EU Directive

To the Blog

08/11/2019: Parliamentary group of the Greens submits brief inquiry on experiences made with external reporting units (hotlines) in Germany so far

To the brief inquiry

07/11/2019: Conference of the Ministers of Justice of the federal states requires expansion of the scope of validity of the EU Directive to national areas of competence

To the statement

04/11/2019: Parliamentary group of the Greens submits brief inquiry on whistleblower protection as a prerequisite for the funding of top sports associations

To the brief inquiry

11/10/2019: In the newspaper Süddeutsche Zeitung, Heribert Prantl calls for expansive transposition of the EU Directive

To the article

09/10/2019: dbb (German Civil Servants’ Association) advocates the adherence to the official channels in the public service

To the press release

07/10/2019: Whistleblower-Netzwerk and Transparency Germany require expansion of the scope of application of the EU Directive to national areas of competence

To the press release

07/10/2019: EU Directive finally adopted by the European Parliament and the European Council

To the press release

15/09/2019: BDI (Federation of German Industry) considers equal ranking of internal and external whistleblowing to be sign of distrust to companies

To the statement

12/09/2019: Siemens Chief Financial Officer fears misuse of whistleblower protection

To the article

30/08/2019: European Council (ALDE) advocates more support for whistleblowers

To the statement

01/05/2019: EU Directive creates equal ranking of internal and external whistleblowing. Clarification by former Judge at the European Court of Justice, Mrs. Colneric, in the legal weekly magazine: Neue Juristische Wochenschrift 19/2019

To the blog contribution

17/04/2019: German Confederation of Managers (DFK) demands protection for falsely accused people

To the press release

16/04/2019: Whistleblower-Netzwerk and Transparency Germany demand comprehensive Whistleblower Protection Act

To the press release

16/04/2019: European Parliament adopts EU Directive with a large majority

To the adopted Directive

15/03/2019: Council of the EU confirms agreement with European Parliament

To the press release

13/03/2019: German Nurses’ Association (DBfK) praises equal ranking of reporting channels

To the press release

12/03/2019: Confederation of German Trade Unions (DGB) appreciates equal ranking of internal and external whistleblowing

To the press release

On the Website of the EU, you will also find a timeline showing the legislative process on a European Level.

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