Ombudspersons / trusted lawyers for combating white-collar crime and acting as a reporting channel under the German Whistleblower Protection Act (HinSchG) and the German Supply Chain Due Diligence Act (LkSG).

Services for organisations

The core of a professional compliance system

As ombudspersons / trusted lawyers, we are the core element of your compliance management system (CMS). We are also happy to act as your internal reporting channel under the German Whistleblower Protection Act (HinSchG) and as the complaints office under the German Supply Chain Due Diligence Act (LkSG) – including advice on implementation.

We (ombudswoman and/or ombudsman) receive reports in strict confidence where there is suspicion of criminal offences, administrative offences and relevant compliance breaches, assess the information for plausibility, speak with reporting persons, ask targeted follow-up questions, substantiate the facts and report to the organisation – only with the reporting person’s explicit consent.

Given the typically substantial need for guidance among reporting persons, the ombudspersons provide personal consultations. These conversations also allow an assessment of the reporting person’s credibility.

As attorneys-at-law, we offer the highest level of protection:

• Legal professional privilege: our duty of confidentiality and right to refuse to give evidence protect the identity of reporting persons from the very first contact.
• No statutory confidentiality carve-outs comparable to those applicable to in-house reporting channels in the course of their work.
• Legally compliant documentation and deadline-based communication under the HinSchG (acknowledgement of receipt within 7 days; feedback no later than 3 months), as well as under the LkSG and the General Equal Treatment Act (AGG).

Our law firm

For more than 25 years, we have supported organisations as attorney ombudspersons and in compliance advisory work – with extensive case experience, including in complex matters.

We conduct structured initial interviews, ask targeted follow-up questions and consistently enforce identity protection; our reports are drafted so that no conclusions can be drawn about reporting persons.

Our office is located in the centre of Frankfurt am Main and we operate throughout Germany. Dr. Rainer Buchert (former Criminal Director) was one of the first two ombudspersons in Germany. Dr. Caroline Jacob is a Certified Specialist Lawyer for Criminal Law and has acted as trusted lawyer for numerous organisations for more than 15 years.

As a team of ombudswoman and ombudsman, we are also reachable outside normal office hours and work for corporate groups, medium-sized businesses, public-sector entities and non-profit organisations in virtually all industries.

How the reporting process works with us

• Report: confidential conversation with the ombudswoman/ombudsman (by phone or in person) or via a confidential SSL-secured online reporting form – in multiple languages upon request
• Acknowledgement of receipt (within 24 hours, at the latest by day 7) and the option of an anonymous / confidential dialogue
• Plausibility review
• Dialogue with reporting persons to substantiate and clarify the information
• Report to the organisation (only after approval regarding the facts and the identity)
• Follow-up and feedback (no later than month 3), legally robust documentation
• Closure, lessons learned, prevention

WhistProtect^® – The whistleblower platform for your company

Whistleblowers need trust and reliable protection. Our new whistleblower platform WhistProtect® combines the institution of the ombudsperson with a particularly secure electronic reporting system. WhistProtect® is multilingual, offers universal accessibility and fulfils all legal requirements.

FAQ – Ombudspersons

What statutory obligations does our organisation have under the German Whistleblower Protection Act (HinSchG)?

Employers with generally at least 50 employees are required under Section 12 HinSchG to establish and operate one or more internal reporting channels. These reporting channels must provide reporting procedures pursuant to Section 16 HinSchG for oral and written reports, manage the reporting process pursuant to Section 17 HinSchG and initiate follow-up measures pursuant to Section 18 HinSchG. In addition, the confidentiality of the identity of reporting persons and of the persons named in a report must be ensured in accordance with Sections 8 and 9 HinSchG.

How can an external ombudsperson fulfil our obligation to set up an internal reporting channel?

Under Section 14(1) HinSchG, the internal reporting channel may be outsourced to an external third party. In that case, the attorney ombudsperson receives, documents and forwards reports, safeguards confidentiality by virtue of attorneys’ professional duties of confidentiality and the requirements of the HinSchG, and supports the organisation in meeting the deadlines set out in Section 17 HinSchG. Substantive responsibility for assessing the report, initiating follow-up measures and remedying violations remains with the respective employer.

What are the advantages of an attorney ombudsperson compared with a purely in-house reporting channel?

An attorney ombudsperson is bound by criminal-law-protected confidentiality under Section 203 of the German Criminal Code (StGB), professional confidentiality under Section 43a(2) of the Federal Lawyers’ Act (BRAO), and a comprehensive right to refuse to give evidence under Section 53 of the German Code of Criminal Procedure (StPO). Seizure of documents is only possible under narrow conditions. The HinSchG does not alter these confidentiality obligations; Section 5(2) no. 3 HinSchG clarifies that reports do not fall within the scope of the HinSchG where attorneys’ confidentiality obligations prevent disclosure by the ombudsperson. For reporting persons, this results in a higher level of protection than with purely internal reporting channels. At the same time, it strengthens trust in the system and increases employees’ willingness to report internally rather than turning to external bodies or the public.

How are reporting persons protected from retaliation, and what obligations does our organisation have in this regard?

The personal scope of application of the HinSchG is broad. Under Section 1(1) HinSchG, protected persons include natural persons who have obtained information about violations in the context of their professional activities and who report or disclose such information. Section 33(1) HinSchG grants protection where the report falls within the material scope of the Act and is made in accordance with the requirements of the HinSchG. Section 36(1) HinSchG prohibits retaliation, and Section 36(2) HinSchG introduces a reversal of the burden of proof: in the event of a dispute, it is presumed that a disadvantage is connected to the report. The organisation must establish organisational and employment-law structures that prevent retaliation, ensure reports are handled appropriately, and avoid adverse consequences for reporting persons insofar as they have acted within the framework of the law.

How does an ombuds system fit into group and matrix structures?

In corporate groups and matrix organisations, each entity that qualifies as an employer with at least 50 employees must comply with Section 12 HinSchG. Under Section 14 HinSchG, reporting channels can be outsourced to a central external ombudsperson or set up as joint reporting channels. Reporting channels must be designed so that all relevant groups of employees have access, including temporary agency workers and individuals working in a matrix assignment. Reports affecting more than one group entity may, under Section 18 HinSchG, be transferred to other suitable internal bodies or centrally responsible units, provided confidentiality is maintained in accordance with Sections 8 and 9 HinSchG. The management of individual entities and group management must be informed in due time of significant reports as part of their compliance oversight duty, so that appropriate measures can be taken.

Which criteria should we apply when selecting an ombudsperson?

A proven approach is to appoint licensed attorneys with experience in criminal law and compliance who are familiar with processes in commercial organisations, can conduct internal investigations and have experience dealing with public prosecutors, police authorities and customs. They should ensure high availability, have strong social and psychological competence, be economically independent and have an established reputation. A combination of an ombudsman and an ombudswoman can be beneficial in order to address different situations within the organisation. The ombuds agreement should regulate the legal points outlined above in concrete terms and be tailored to the organisation’s specific structure.

Is the service compliant with the HinSchG and the LkSG?

Yes. We work in a legally compliant and deadline-compliant manner (HinSchG: acknowledgement within 7 days; feedback within 3 months) and also act as a point of contact in the complaints procedures under the LkSG and the General Equal Treatment Act (AGG).

Can I report anonymously?

Yes. Reports can be submitted either with identification or anonymously. We advise which approach best balances protection, traceability and the ability to investigate.

Why does the option to choose between ombudswoman and ombudsman help?

The freedom to choose can lower inhibitions, particularly in sensitive matters (for example sexual misconduct or discrimination), and improves the quality of statements and reports.

Which topics can I report?

Any misconduct can be reported, for example suspected corruption, fraud, breach of trust, competition law violations, discrimination, sexual harassment, data protection violations, irregularities in the supply chain and more. We align the scope with the organisation and communicate it transparently.