WHISTLEBLOWER PROTECTION ACT
CONFIDENTIALITY OBLIGATION FOR PERSONS TO THE INTERNAL REPORTING OFFICE COCOON MÜNCHEN GMBH IN ACCORDANCE WITH THE WHISTLEBLOWER PROTECTION ACT
Under the German Whistleblower Protection Act (HinSchG), Cocoon München GmbH is obliged to set up and maintain an internal reporting office in accordance with Sections 12-18 HinSchG.
The task of the internal reporting office is to operate so-called reporting channels through which employees and temporary workers assigned to the employer as well as third parties can contact the internal reporting offices to report information about violations. These reports are then processed by the internal reporting office in accordance with a legally prescribed procedure and, if necessary, follow-up measures are taken by the internal reporting office.
YOUR OBLIGATIONS OF CONFIDENTIALITY
In this context, we would like to point out that reporting offices are subject to special confidentiality obligations, which result in detail from §§ 8 and 9 HinSchG. The standards are printed in the appendix to this declaration of commitment.
According to § 8 HinSchG, you are obliged to maintain the confidentiality of the identity of the following person
- The whistleblower, provided that the reported information concerns violations that fall within the scope of this Act or the whistleblower had reasonable grounds to believe that this was the case at the time of the report,
- the persons who are the subject of a report, and
- the other persons named in the report.
The identity of the persons named in points 1-3 may only be disclosed to the persons responsible for receiving reports or for taking follow-up action and to the persons assisting them in the performance of these tasks. Disclosure to other persons is strictly prohibited.
EXCEPTIONS TO THE CONFIDENTIALITY OBLIGATIONS
§ 8 HinSchG regulates a number of exceptions to the confidentiality obligations.
EXCEPTIONS TO THE PROTECTION OF THE CONFIDENTIALITY OF THE WHISTLEBLOWER
There is no confidentiality obligation for the identity of a whistleblower if the whistleblower intentionally or through gross negligence reports incorrect information about violations.
Information about the identity of a whistleblower or about other circumstances that allow conclusions to be drawn about the identity of this person may be passed on to the competent body in the following cases, in deviation from the existing confidentiality obligations:
- in criminal proceedings at the request of the criminal prosecution authorities,
- on the basis of an order in administrative proceedings following a report, including administrative fine proceedings,
- on the basis of a court decision.
The person providing the information must be informed of the disclosure in advance. This must not be done if the law enforcement authority, the competent authority or the court has informed the Reporting Office that the information would jeopardize the relevant investigations, inquiries or court proceedings. The person providing the information must also be informed in writing or electronically of the reasons for the disclosure.
Furthermore, information about the identity of the person providing the information or about other circumstances that allow conclusions to be drawn about the identity of the person may be passed on if this
- the disclosure is necessary for follow-up measures and
- the person providing the information has previously consented to the disclosure.
EXCEPTIONS TO THE PROTECTION OF THE CONFIDENTIALITY OF PERSONS WHO ARE THE SUBJECT OF A NOTIFICATION
Disclosure of information on persons who are the subject of a report or other persons named in a report is permitted in deviation from the confidentiality obligations if the information is passed on to the competent body in the following cases:
- if consent has been given in this regard,
- from internal reporting offices, if this is necessary in the context of internal investigations at the respective employer or in the respective organizational unit,
- if this is necessary for taking follow-up measures,
- in criminal proceedings at the request of the prosecuting authority,
- on the basis of an order in administrative proceedings following a report, including administrative fine proceedings, on the basis of a court decision.
We would also like to point out that a breach of these confidentiality obligations pursuant to Section 40 (3) HinSchG constitutes an administrative offense that can be punished with a fine of up to €50,000.
You have several options for submitting a report:
- contact by e-mail to email@example.com
- posting in a post box that is set up and made available for such cases at Lindwurmstr. 37.
Cocoon München GmbH