The Whistleblower Protection Act (Hinweisgeberschutzgesetz, HinSchG) obliges employers with at least 50 employees to establish secure channels for reporting violations (internal reporting channels). Individuals who have gained information about any violations of the law during the course of their professional activities and report this information to the relevant authorities must not be disadvantaged in any way.

For this purpose, FAU has launched an internal reporting channel that will be available for you to contact confidentially.

Who can report a violation?

The channel is available to all employees and other individuals who have gained information about violations within the context of their professional activities at FAU. Former employees and applicants may also contact the reporting channel.

Which violations can be reported?

Legal violations pursuant to Section 2 HinSchG fall under the area of application of HinSchG. This includes:

• Criminal offenses such as corruption, theft or fraud
• Violations punishable by fine if the provision that is violated relates to the protection of life, limb or health or to protect the rights of employees or their representative organs (e.g. regulations from the area of occupational health and safety, violations of the Minimum Wage Act (Mindestlohngesetz)
• Violations of environmental protection regulations, radiation protection and nuclear safety
• Violations of data protection regulations and confidentiality of (electronic) communications and information technology security
• Violations of regulations governing contract awarding procedures
• Statements made by public servants that constitute a violation of the obligation of loyalty to the constitution

Private misconduct is not covered by HinSchG.

Contacting the internal reporting channel

FAU’s internal reporting channel is integrated into the Chancellor’s Office / Organizational Development. Annegret Süßmuth and Sabine Gangl are available to answer any queries.

The reporting channel will keep the identity of the whistleblower, the people the report refers to and any other people mentioned in the report confidential. As a rule, their identity is only known to those people who are responsible for accepting the reports or taking follow-up measures and the support staff involved in fulfilling these tasks (Sections 8 and 9 HinSchG)

Reporting procedure

After receiving the report, the first step the reporting channel undertakes is to check whether the report is covered by the area of application of the HinSchG. The reporting channel may contact you if they require further information. If you have included an email address in the reporting portal, you will receive email updates from the reporting channel. Otherwise, you will need to log in to the online portal using your user name and password to check the status of your report.

At the latest three months after receiving confirmation that your report has been received, you will be informed of any follow-up measures that have been planned or implemented and the reasons for them. Follow-up measures may include initiating internal investigations, taking measures to resolve the problem, passing on the issue to other authorities or closing the case for a lack of proof or other reasons. Feedback is only permitted, however, if this does not jeopardize internal investigations or inquiries and does not prejudice the rights of people who are the subject of the report or who are mentioned in the report in any way.

External reporting channels

Rather than using FAU’s internal reporting channel, you may also contact external reporting channels such as the Federal Office of Justice and other authorities.

• For any information on violations related to professional activity or in advance of professional activity: External reporting channel of the Federal Office of Justice
• For information on fraud or irregularities with a potentially negative impact on EU financial interests: European Anti-Fraud Office (OLAF = Office Européen de Lutte Anti-Fraude)
• For information on the evaluation, monitoring and safety review of medicinal products for human and veterinary use in the EU: EMA = European Medicines Agency

Privacy

During the reporting procedure, personal data may be processed on the basis of Art. 6 (6)(1) lit. c GDPR in conjunction with Section 10 HinSchG.