Internal whistleblowing system
On the basis of the EU Whistleblowing Directive and the Austrian Whistleblower Protection Act (HSchG), a so-called whistleblowing system must be set up in larger companies. The legal objective of the whistleblowing system is to take precautions against possible white-collar crime by offering employees and other persons the opportunity to report misconduct to an internal reporting office at any time.
The whistleblower system applies to violations in the following areas:
Public procurement
Financial services, financial products and financial markets
Prevention of money laundering and terrorist financing
Product safety and compliance
Transport 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
Security of network and information systems
Prevention and punishment of criminal offenses under Sections 302 to 309 of the Austrian Criminal Code (StGB)
Infringements to the detriment of the Union's financial interests
Violations of internal market rules, Union competition rules and corporate tax law
Legal protection
Persons who make a legitimate report are subject to special legal protection. Any retaliatory measures such as suspension, dismissal, non-renewal of a fixed-term employment contract, demotion or denial of a promotion are legally invalid. The employer is obliged to restore the lawful situation, to compensate for the financial loss and to pay compensation for the personal injury suffered.
Penal provisions
However, persons who violate the provisions on the protection of confidentiality or knowingly provide false information are not protected. In addition, anyone who obstructs or attempts to obstruct a person in connection with a whistleblowing incident or who exerts pressure through deliberate judicial or administrative proceedings, or who takes retaliatory measures, is liable to prosecution.
This constitutes an administrative offense and is punishable by a fine of up to EUR 20,000 (EUR 40,000 in the event of a repeat offense).
Who can I contact?
The internal reporting office can be contacted at whistleblowing@grandits.com.
The internal reporting office is subject to strict confidentiality and secrecy obligations with regard to reported matters, including the protection of the identity of whistleblowers and all persons affected by reports. Only employees of the internal reporting office can access the reports, other persons are not authorized to access them.