Whistleblowing

Contributing Editors

In this new age of accountability, organisations around the globe are having to navigate a patchwork of new laws designed to protect those who expose corporate misconduct. IEL’s Guide to Whistleblowing examines what constitutes a protective disclosure, the scope of regulations across 24 countries, and the steps businesses must take to ensure compliance with them.

Learn more about the response taken in specific countries or build your own report to compare approaches taken around the world.

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19. Should the employer inform external authorities about the whistleblowing? If so, in what circumstances?

19. Should the employer inform external authorities about the whistleblowing? If so, in what circumstances?

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Germany

  • at Oppenhoff
  • at Oppenhoff

Once the reporting process at the internal reporting office is completed, the internal reporting office can take various follow-up actions. In addition to internal investigations, the process can also be handed over to a competent authority for further investigation (section 18 No. 4 HinSchG).

Last updated on 28/09/2023

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Spain

  • at Cuatrecasas
  • at Cuatrecasas
  • at Cuatrecasas

The Law does not establish specific situations in which employers need to inform external authorities about the whistleblowing. However, if the reported act or omission could be considered a criminal offence, the employer should inform the public prosecutor. If the reported act or omission could be considered an administrative infraction, the competent authority should also be informed.

Last updated on 02/10/2023