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The Whistleblower Protection Act (which came into force on July 2, 2023) is a law in Germany that grants certain rights and protections to individuals who report misconduct, legal violations, or breaches of company rules as “whistleblowers.”

The purpose of this law is to ensure that whistleblowers are better protected in their working environment and can report concerns without fear of retaliation.

One key measure of the law is that it prohibits and sanctions actions taken against whistleblowers. For example, bullying or discrimination against them is strictly forbidden. The legislator’s intention is that every company must provide a reporting channel where employees, as well as third parties, can report issues that are not in line with regulations.

To comply with these legal requirements, we provide an internal reporting office. Its responsibilities include handling incoming reports and taking the necessary follow-up actions.

Further information can be found here:
https://www.gesetze-im-internet.de/hinschg/BJNR08C0B0023.html

FAQ

The Whistleblower Protection Act aims to protect individuals who report misconduct from retaliation in companies, public authorities, and organizations.

Individuals associated with the organization can report violations through the internal reporting office. These reports are initially handled internally.

This reporting system is intended for all employees of B.E.S.T. Veranstaltungsdienste GmbH as well as for all individuals who, in the course of their professional activities, have contact with the company and have obtained information about violations in accordance with the Whistleblower Protection Act.

Violations within the meaning of the law (unlawful acts) as well as omissions in the context of a professional, business, or official activity can be reported. This does not include information about private misconduct without a professional, business, or official connection, even if such information was obtained in a professional context.

  • Criminal offenses,
  • Administrative offenses, insofar as the violated provision serves to protect life, physical integrity, or health, or the rights of employees or their representative bodies. This also includes obligations under occupational health and safety law, such as reporting, authorization, inspection, appointment, instruction, documentation, and notification requirements, as well as
  • Violations in numerous sector-specific areas, including regulations on product safety and compliance, environmental protection, food safety, or breaches of tax laws applicable to corporations and partnerships.

A report can be submitted without providing personal data. Your information will be treated confidentially. Anonymous reports are permitted; however, there is no obligation to follow up on them. In addition, a thorough investigation is often not possible, as follow-up questions cannot be asked.

  1. You provide information about the main focus of your report.
  2. Describe your report in your own words.
  3. After submitting your report, you will receive an acknowledgment of receipt.
  4. Your report will be recorded, reviewed, and, if necessary, forwarded to the responsible department for further clarification.

After a report is received by the internal reporting office, receipt must be acknowledged within seven days in accordance with Section 17 of the German Whistleblower Protection Act (HinSchG). The report is then reviewed to determine whether the reported violation falls within the scope of the law. For this purpose, the credibility of the report is assessed. If necessary, contact is maintained with the reporting person to request further information and to take appropriate follow-up measures.

In addition, the internal reporting office must follow up on the report within three months and provide feedback to the reporting person, provided the report was not submitted anonymously. It should be noted that these timeframes do not apply to anonymous reports, as the reporting person cannot be identified by the reporting office.

All incoming reports must be documented in accordance with Section 11 HinSchG. This documentation must generally be deleted three years after the conclusion of the procedure.

Only the individuals responsible for receiving and processing the report have access to it. The principle of confidentiality also applies when contacting you as the reporting person, for example to request further information. Your personal data is processed in accordance with Sections 32 et seq. of the Berlin Data Protection Act (BlnDSG) as well as the principles set out in Article 5 of the EU General Data Protection Regulation (GDPR), and is protected against unauthorized access.

Internal Reporting Office
Communication is possible via the following channels:
by email: kummerkasten@bestvd.com
by phone: +49 178 90 91 024

Postal address:
B.E.S.T. Veranstaltungsdienste GmbH Berlin
Whistleblower Reporting Office
Bottroper Weg 2, 13507 Berlin

The purpose of the law is to protect the reporting person. For this reason, the highest priority of the internal reporting office is to maintain “absolute confidentiality” regarding the reporting person, the content of the report, and the individual(s) concerned. Only in exceptional cases, such as criminal proceedings, may law enforcement authorities request information about the identity of the reporting person.

The Whistleblower Protection Act aims to protect the reporting person from retaliation in the workplace after submitting a report. At the same time, individuals affected by the report are also protected under the law. This protection includes confidential treatment of all parties involved, as long as the suspicion has not been confirmed or law enforcement authorities have not established evidence of a criminal offense.

At the time of submitting a report, the reporting person must have reasonable grounds to believe that the information provided is true. Mere suspicion is not sufficient.

For example, simply hearing that misconduct might have occurred does not constitute a case covered by the Whistleblower Protection Act. The reporting person must be able to substantiate the information to some extent, either through personal observation or relevant documentation.

Submitting a report that is proven to be unfounded is punishable under Section 40 of the German Whistleblower Protection Act (HinSchG). Individuals who intentionally or through gross negligence provide false information may also be held liable for any resulting damages in accordance with Section 38 HinSchG.

The Whistleblower Protection Act protects individuals who, in connection with their professional activities or in the context of seeking employment, have obtained information about legal violations and report or disclose it to the reporting channels provided for under this law. This includes employees as well as other individuals who have a professional relationship with a company, such as freelancers or business partners.

In addition, the law also protects individuals who are the subject of a report, as well as other persons affected by a report.

Yes. We take every complaint and report we receive seriously. The reporting office will assess whether the complaint or report contains sufficient information to carry out further investigation. If additional information is required, the reporting office will contact you where possible.

Would you like to report something?

You can submit the form anonymously. However, please note that if you choose to do so, we will unfortunately not be able to contact you.

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