2.1.1 Hotline
2.1.2 Whistleblower-management (numerous languages)

NEMEXIS prioritises the protection of the whistleblower. We therefor highly recommend implementing a hotline only together with an external whistleblower-management.

The currently popular format in the EU is a hotline managed exclusively by the customer. Under the new „EU Whistleblower Protection Directive“, this will pose a risk both to the whistleblower and to his or her employer (our client organisation).

First, risks to the whistleblower: A hotline-only setup guarantees neither the anonymity of the whistleblower nor the actual processing of the tip. Apart from ethical considerations, the principles of the honest merchant or the “German Corporate Governance Code” (§4.1.3, §4.1.4, version: 7.2.2017), whistleblower protection requirements will have to be met at the latest with the transposition of the “EU Whistleblower Directive” in national law. This will take place no later than December 2021.

Second, risks to the employer/client organisation: From the moment of national transposition the “EU Whistleblower Directive” reverses the burden of proof in the event of any incident of a repercussion affecting a whistleblower. The employer will have to prove that the whistleblower was disadvantaged for reasons other than having provided a tip. The question if the employer had the possibility to identify the whistleblower and if he did everything he could to avoid identification will play a central role.