Germany Federal External Reporting Office (BfJ) under the HinSchG

Germany Federal External Reporting Office (BfJ) under the HinSchG

Germany’s Hinweisgeberschutzgesetz (HinSchG) the Whistleblower Protection Act, effective from 2 July 2023 transposes the EU Whistleblowing Directive into national law, featuring robust whistleblower safeguards and reporting pathways  

1. Establishment of the Federal Reporting Office (BfJ)

At the core of Germany’s external whistleblowing infrastructure is the Federal External Reporting Office housed within the Federal Office of Justice (BfJ). This central reporting body accepts tips regarding violations tied to professional activity from both the public and private sectors, spanning federal and state-level matters  

2. Scope of Responsibilities

The BfJ serves as the general external reporting avenue under HinSchG. In addition, specialized external reporting offices operate under:

• BaFin (Federal Financial Supervisory Authority) for financial sector violations

• Bundeskartellamt (Federal Cartel Office) for antitrust-related matters

• Potentially, additional external channels are set up by individual federal states  

3. Protections and Process

Under HinSchG, whistleblowers are protected from retaliation if they report violations in good faith. Such protections include:

• a reversal of the burden of proof if disadvantage follows a disclosure;

• mandatory confidentiality of the whistleblower’s identity;

• disclosure channels must handle reports in varied formats (written, verbal, in‑person) and safeguard anonymity where possible  

4. Reporting Workflow & Transparency

When a report is submitted to an external office like the BfJ:

• Receipt must be acknowledged within 7 days

• Status feedback must be provided within 3 months (or 6 months depending on context)  

5. Enforcement & Compliance

Non-compliance with HinSchG obligations—including failure to establish internal or external reporting systems, mishandling confidentiality, or retaliation—can lead to administrative fines of up to €50,000. Companies lacking internal systems may face penalties up to €20,000

Summary Table: BfJ’s Role under HinSchG

In short, the BfJ serves as the central, external whistleblowing channel under HinSchG, complemented by sector-specific bodies like BaFin and the Bundeskartellamt. The law establishes stringent reporting procedures, confidentiality requirements, and significant penalties all designed to empower whistleblowers and ensure systemic accountability within Germany’s legal framework.

At‑a‑glance

• Authority: External Reporting Office of the Federation at the Federal Office of Justice (BfJ); additional external offices at BaFin (financial services) and the Federal Cartel Office.

• Law: Hinweisgeberschutzgesetz (HinSchG) — German Whistleblower Protection Act (in force 2 July 2023).

Legal basis & scope

• Transposes the EU Directive; protects individuals reporting violations in specified areas of law (including EU law fields) and broader criminal/administrative offences. Provides confidentiality and protects against reprisals; enables external reporting without requiring prior internal reporting (though internal is encouraged where effective and safe).

How to report

• Internal company channel or external to the BfJ; sector‑specific to BaFin for financial services or Bundeskartellamt for competition issues. Anonymous reporting is supported by many systems (not mandated by law).

Protections & penalties

• Identity protection; prohibition of retaliation; administrative fines for retaliation or obstructing reports (up to €100,000, higher in some cases via other laws). Documentation, feedback and follow‑up deadlines apply to recipients.

Recent developments to know

• Federal reports on BfJ external office activity; ongoing guidance from BaFin and other authorities to harmonise practice.

Employer checklist

• Implement HinSchG‑compliant internal hotline; train case handlers; document timelines and feedback obligations; coordinate with works councils and data protection.

Quick Comparison (who’s the “authority”?)

• Australia: Ombudsman (public sector PID oversight); ASIC/ATO for corporate/tax; proposed federal Whistleblower Protection Authority.

• New Zealand: Ombudsman (guidance/oversight; “appropriate authorities” receive reports).

• United States: OSC/MSPB for federal workforce; SEC/CFTC/IRS award offices; DOJ pilot for criminal corporate conduct.

• United Kingdom: No single authority; “prescribed persons” (regulators) receive reports; reform bill to create an Office of the Whistleblower.

• Ireland: OPDC as the central external channel (within the Ombudsman’s office).

• Germany: BfJ External Reporting Office (federal), plus BaFin and Bundeskartellamt sector offices.

Implementation Toolkit (universal)

• Policy: Plain‑English policy with scope, channels, anonymity options, anti‑retaliation, confidentiality, and investigation steps.

• Channels: Multiple access points (hotline, web, in‑person); allow external reporting where law permits.

• Training: Role‑based training (managers, investigators, board).

• Monitoring: KPI dashboard (volume, time to triage, actions taken, substantiation, retaliation complaints).

• Wellbeing: Access to EAP, psychological safety protocols, and support for reporters and witnesses.