At the second attempt, the Bundestag passed an amended set of rules on whistleblower protection. The negotiated compromise is intended to relieve smaller companies. Germany is therefore late in implementing an EU directive.
The Bundestag has approved the compromise negotiated in the mediation committee for better protection of whistleblowers. The aim of the law is to reduce the risk for people who point out abuses in their company or authority. Whistleblowers who report anti-constitutional statements by officials below the threshold of criminal liability also fall under the legal protection.
The coalition factions of SPD, Greens and FDP as well as the opposition CDU/CSU voted for the compromise in the Bundestag plenum. Germany is significantly behind schedule with the implementation of the corresponding EU directive – it should have been implemented into German law by the end of 2021.
Federal Council blocked law
The law for better statutory whistleblower protection was passed in the Bundestag last December, but was blocked by the Bundesrat in February. The traffic light coalition then split its project into two draft laws – in order to be able to implement a large part without the consent of the state chamber.
The new compromise stipulates that the planned reporting offices for whistleblowers are not obliged to also make anonymous reports possible. The upper limit for fines was reduced from 100,000 euros to 50,000 euros. The Union saw small and medium-sized companies in particular as being too heavily burdened by the original draft law.