Whistleblower Protection Act HSchG – Gerätewerk Matrei e.Gen.

Which persons are protected?


Such persons may include: employees (including temporary workers), interns, applicants, members of governing bodies, but also contractors, subcontractors, or suppliers. The HSchG also protects persons who assist in reporting or who may be affected by negative consequences.

What types of reports fall within the scope of the HSchG?

The so-called "material scope" covers reports that relate to the following areas and where there are sufficient grounds to believe that their content is accurate (i.e., that a violation or similar has occurred):

• Public procurement
• Financial services, financial products, and financial markets
• Prevention of money laundering and terrorist financing
• Product safety and conformity
• Road safety
• Environmental protection
• Radiation protection and nuclear safety
• Food and feed safety
• Animal health and welfare
• Public health
• Consumer protection
• Protection of privacy and personal data
• Criminal offenses related to breaches of official duties, corruption, etc.  


How is protection ensured?


The most important elements of the HSchG in this regard are confidentiality, secrecy, protection of the identity of the reporting person, and protection from liability or retaliatory measures (e.g., termination or non-renewal of an employment contract, demotion or non-promotion, disciplinary measures, etc.). In particular, the identity of the reporting person must not be disclosed by the receiving body that receives the report. It is therefore also possible to submit such reports anonymously. Data protection law is of course also taken into account and complied with.  


What happens when a report is made?


Reports must be received and processed in an unbiased and impartial manner. The receipt of a report must be confirmed to the reporting person within 7 calendar days and the report itself (including any additions/changes) must be checked for validity. Within 3 months, the reporting person must be informed of the follow-up measures taken by the company (e.g., internal investigations, inquiries, measures to prevent future violations, etc.).  


How can the report be made?


The company has decided to set up an external reporting office with its own email address at a law firm, which has the advantage that reports can also be legally assessed immediately.


You can send your reports by email or in a personal meeting (by appointment) to:  


Attorney
Dr. Guido Donath, LL.M. (London)
Salurnerstraße 1/DG
6020 Innsbruck

Email: hschg@donath-law.at