ARTICLE · 17 AUGUST 2021

EU Whistleblowing Directive - Germany

Simmons & Simmons

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In Germany, whistleblower protection is currently considered to be limited. So far, whistleblower protection has been shaped primarily by case law.

European UnionEmployment and HR

Sascha Morgenroth

Implementation of the EU Whistleblowing Directive in Germany.

Existing whistleblower protection

In Germany, whistleblower protection is currently considered to be limited. So far, whistleblower protection has been shaped primarily by case law. In particular, civil and labour courts are guided by the requirements of the European Court of Human Rights (ECHR). There are currently only national regulations on whistleblower protection for the financial services sector (sec. 4d para. 6 FinDAG) and regarding the protection of business secrets (sec. 5 GeschGehG).

Implementation perspective and recommended actions for German employers

In order to implement the Directive and harmonise the legal principles developed by the courts regarding whistleblowers, the German government developed a draft general law on whistleblower protection on 11 December 2020, which deliberately goes beyond a mere implementation of the EU Directive.

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