Transposition of EU Directive on Whistleblowing

Germany - Transposition of the EU Directive on Whistleblowing

October 23, 2019
In progress
Dec 2020

Germany: Government party SPD publishes a position paper on the transposition of the EU Whistleblowing Directive

SPD (German Social Democrats) December 15, 2020

The Social Democrats (SPD), as one of two ruling parties in the German Federal Government, published a position paper “Whistleblower besser schützen” (“better protection for whistleblowers”). To a great extent, their positions are in line with the demands of German NGO Whistleblower-Netzwerk e.V. The SPD parliamentary group demands an extension of the scope to the disclosure of wrongdoing and not only of breaches of the law. Main criticism is the lack of demanding the protection for whistleblowers working in national security.

Dec 2020

Germany: Ministry of Justice wrote a first draft for a national whistleblowing law

Süddeutsche Zeitung December 12, 2020

Apparently, German Minister of Justice Christine Lambrecht (SPD) sent a first draft law to the other Federal Ministries, which is exclusively available to one German newspaper. According to their article, the Ministry wants to expand the scope of the Directive at least to a certain degree. Yet, there are still some serious shortcomings – e.g., there´s no obligation to carry out investigations following anonymous reports and matters of classified information are not covered.

Nov 2020

Germany: Minister of Justice Christine Lambrecht (SPD) announced that her ministry supports an extensive draft law on the protection of whistleblowers

Berliner Morgenpost November 19, 2020

In a press interview, German Minister of Justice Christine Lambrecht (SPD) announced that her ministry supports an extensive draft law on the protection of whistleblowers in Germany. She wants to expand the scope of the EU Whistleblowing Directive, so that it´ll also cover violations of German law. This would implement a demand that German NGOs such as Whistleblower-Network e.V. have long called for. Other ministries involved in the implementation still strive for a 1:1 transposition of the Directive.

Oct 2020

Germany: Position paper published by NGOs Reporters Without Borders and Whistleblowerz-Netzwerk e.v.

Whistleblower Netzwerk e.v. October 23, 2020

A position paper has been jointly published by NGOs Reporters Without Borders and Whistleblowerz-Netzwerk e.v. to mark the anniversary of the EU Directive on whistleblowing entering into force on the 19 October 2019. The paper highlights the lack of progress of transposition in Germany to date. It calls for freedom of expression and freedom of the press to be a priority in the implementation of the Directive, making key recommendations concerning the scope of the new protections, which continues to be a matter of heated discussion between German policymakers.

Oct 2020

Germany: German Trade Union Confederation publishes report on implementation of the EU Directive on Whistleblowing

Deutscher Gewerkschaftsbund October 10, 2020

An expert opinion commissioned by the German Trade Union Confederation, DGB, has been published recommending the Directive on Whistleblowing be implemented to create a comprehensive and coherent legal framework in Germany. The report, and its 53 Recommendations, can be read here .

Aug 2020

Germany: Civil society coalition publishes open letter calling for full transposition of EU Directive on Whistleblowing

Whistleblower Netzwerk e.v. August 05, 2020

A coalition of civil society organisations have published an open letter calling on the Federal Government to fully transpose the EU Directive on Whistleblowing into national law and warning of the risks of a 1:1 or verbatim transposition.

Apr 2020

Germany: Stakeholders against Whistleblower Protection

Whistleblower Netzwerk e.v. April 17, 2020

Germany's Whistleblower Netzwerk e.v. details the governing coalitions infighting between the SPD's Ministry of Justice and CDU's Ministry of Economics. The Ministry of Economics is attempting to block the efforts of the Ministry of Justice to create an expansive whistleblower protection law during the transposition of the EU Directive on Whistleblowing.