Podcast series “KPMG Law on air”: The Whistleblower Protection Act is coming

42 percent of all corporate wrongdoing is uncovered as a result of internal tips, according to an international organization that fights white-collar crime. Many companies have already set up whistleblower hotlines. Such hotlines will soon be mandatory for all companies with 250 or more employees. This is because the Whistleblower Protection Act comes into force on July 2, 2023. Employees who report wrongdoing in the company then enjoy comprehensive protection against reprisals. This will possibly lead to companies uncovering even more legal violations with the help of their own employees.

Companies should review their reporting systems as soon as possible

For companies, however, this also means that they must implement the requirements of the law as quickly as possible. Even smaller employers are required to set up reporting offices after a short grace period. Those who already have a whistleblowing system should check whether it meets the legal requirements and adapt it if necessary.

In the podcast, Dr. Bernd Federmann, partner and head of compliance and white-collar criminal law, and Andreas Pruksch, senior manager and specialist attorney for labor law, describe how companies design their reporting systems, even in international groups. They also explain why it can be worthwhile to go beyond the minimum legal requirements.

The contents of the podcast are:

• From minute 1:05: What the new law is supposed to do
• From minute 2:08: The law protects whistleblowers from reprisals
• From minute 2:43: What does the implementation of a reporting system look like in practice?
• From minute 3:49: Existing systems may need to be adapted
• From minute 4:09: Reporting systems in corporations
• From minute 5:20: What to watch out for with international corporations
• From minute 7:05: Deadlines that companies must observe
• From minute 8:03: Regulators likely to follow up on implementation
• From minute 8:59: These violations can lead to fines
• From minute 10:20: How does the law affect corporate culture? What should be considered when communicating?
• From minute 12:00: Why internal cues are so important for companies
• From minute 13:48: How do companies design whistleblower hotlines in practice?
• From minute 15:53: How many clues to expect
• From minute 17:30: For which groups of people should the reporting channel be opened?
• From minute 19:14: Why it can make sense to also accept anonymous reports

All “KPMG Law on air” episodes can be found here.