In this article for Börsen-Zeitung, Dr. Friedrich Popp discusses the draft German Whistleblower Act.
The draft German Whistleblower Act refers in the conflict between confidentiality interests of the whistleblower on the one hand and disclosure interests of the suspect and third parties on the other hand to the general rules of data protection.
The interpretation of these rules by the German Federal Court of Justice, suggesting in certain instances the permissibility of a no-fault disclosure of the whistleblower, is in tension with the protection of the whistleblower reporting in good faith, as is envisaged by the Whistleblower Act.
Ultimately, the operator of a whistleblower system within the scope of application of the Whistleblower Act will consider both the interests protected by the Act and those protected by the general data protection rules to avoid an administrative offense and damages for wrongful disclosure under the whistleblowing rules.
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