Protection for External Whistleblowers

The Challenge: Why Internal Whistleblower Systems Are Risky for Small and Medium-Sized Businesses and Government Agencies

The Whistleblower Protection Act (HinSchG) requires organizations with 50 or more employees to establish secure channels for reporting misconduct. Many companies initially consider an internal solution. However, this approach carries significant risks:

• Structural conflicts of interest: An internal person who receives reports is often subordinate to management. True independence is therefore virtually impossible.
• Lack of legal expertise: The person in charge must have specific legal knowledge of the HinSchG, labor law, and data protection (GDPR) in order to evaluate reports correctly. An incorrect assessment can be costly.
• Pressure and Isolation: An internal whistleblower may be subjected to enormous social pressure.
• High GDPR Risk: Improper handling of internal reports can result in substantial fines under the GDPR. Ensuring technical protection of personal identity is often a weak point in internal IT infrastructure.

The result: Internal solutions are often merely a stopgap measure that offers no legal protection in a real-world scenario and undermines the trust of potential whistleblowers.

The Solution: Outsourcing to External Specialists

In light of the stricter requirements and the risks mentioned, more and more companies are turning to external professionals. This has become the gold standard for small and medium-sized businesses and in public sector practice.

Your benefits at a glance:

• Guaranteed Independence: External ombudsmen, such as those at ROSTALSKI Economic Criminal Law and Compliance, are not subject to any instructions and operate completely independently of your corporate structure. This builds trust.
• Certified Security: We use specialized SaaS platforms for digital reporting channels. With certified end-to-end encryption and hosting on secure, independent servers, identity protection is guaranteed both technically and legally.
• Legal Expertise: Every report is reviewed by an experienced attorney and undergoes an initial legal assessment. This ensures that only relevant and valid information is forwarded to you.
• GDPR Compliance & Liability Mitigation: By outsourcing to us, you effectively protect yourself against GDPR violations and minimize your personal liability and risk of fines as a member of management and compliance officer.

What We Offer: Your External Whistleblower Hotline at a Fixed Price—Secure, Legally Sound, and Transparent.

ROSTALSKI will handle the entire setup and operation of your external reporting office in accordance with the HinSchG on your behalf.

The complete package for just €149 (net) per month

Our service includes everything you need to meet your legal obligations:

• Providing a secure, digital reporting channel: Anonymous and available 24/7 for your employees and partners.
• Appointment of an external attorney as an ombudsperson: We are the independent and competent point of contact for whistleblowers.
• Initial legal review of all incoming reports: We filter out irrelevant or abusive reports and assess their validity.
• GDPR-compliant communication and documentation: The entire process is documented in a legally compliant and traceable manner.
• Direct Line to Management: We provide you exclusively with information on relevant incidents that has been compiled and reviewed for legal compliance.

Request a no-obligation quote now & set up your business in compliance with the law!

Frequently Asked Questions (FAQ) on External Whistleblower Protection

• Who is required to establish an external reporting office? Companies with 50 or more employees are generally required by law to establish a reporting office. However, it is also strongly recommended for smaller companies to minimize risk.
• Is the report truly 100% anonymous? Yes. Our systems enable completely anonymous communication. The whistleblower decides for themselves whether to reveal their identity. Our attorney-client privilege provides an additional layer of protection.
• Why is a lawyer serving as an ombudsman better than another service provider? A lawyer is bound by a statutory duty of confidentiality and possesses the necessary legal expertise to accurately assess the implications of a report. This offers you an unmatched level of security and professionalism.
• How quickly can the reporting center be set up? Once you place an order, your external reporting center is usually up and running within 48 hours.