I don't think that's very clear in the article. The law allows companies to provide incentives for internal reports but the employee/reporter is the one who can chose to do an internal and an external report.
> Personen, die beabsichtigen, Informationen über einen Verstoß zu melden, können wählen, ob sie sich an eine interne Meldestelle (§ 12) oder eine externe Meldestelle (§§ 19 bis 24) wenden. Wenn einem intern gemeldeten Verstoß nicht abgeholfen wurde, bleibt es der hinweisgebenden Person unbenommen, sich an eine externe Meldestelle zu wenden.
DeepL translation:
> Persons intending to report information about a violation may choose whether to contact an internal reporting office (Section 12) or an external reporting office (Sections 19 to 24). If an internally reported violation has not been remedied, the whistleblower is free to contact an external reporting office.
Thanks, the article made it sound like you have to use internal channels but the line "können wählen, ob sie sich an eine interne Meldestelle (§ 12) oder eine externe Meldestelle (§§ 19 bis 24) wenden." indicates you can do either internal or external report.
Otherwise I am not sure, if money is the solution to everything, as it could create incentive to create problems or make them worse, only to eventually receive a bigger part of the fines.
Googling "largest whistleblower reward" turns up a $114 million reward and a $200 million reward.
> create problems or make them worse
Personally, I'd hope that the sophistication of the regulators involved, and the liable parties' lawyers---if you're doing something bad enough to be liable for billions of dollars in fines, you can afford good lawyers---would be a good guard against whistleblowers' trying to game the system.
I'm afraid I can't cite them to you, but as I recall, some whistleblowers have received gigantic sums of money, and some have been denied. You really can't count on a windfall, and if it comes, it might be years later.
Whether the denials were justified or not -- can't say.
There is the False Claims Act[1] and it has been used to fight corruption in the hospice care industry but it does not seem to have really stopped it[2].
I only know of this in securities violations and maybe one aspect of the medical field? Can you elaborate most? Most employees and stakeholders are just lucky if they aren't ostracized from their field forever.
Idea: extend the act to provide full protection for US Americans who expose espionage, sabotage (and possibly worse things) carried out in EU countries.
I don't follow. Why would an EU country punish a US citizen for reporting espionage/sabotage directed against the EU country? Or do you mean something else?
They would need guaranteed non-extradition and possibly a lot of protection so they don't get abducted by the US, but that sort of legislation would never sail under the current German government.
Maybe my wording is bad; the EU should offer protection to US citizens who expose crimes committed by the US government in the EU. And preferably committed elsewhere in the world, since it's in the world's best interest to know.
Honestly sort of depressing how everything follows US policy: NDAA contained whistleblower-protection language--and we have to be proud of it. Couldn't other "western liberal democracies" just initiate their own policy initiatives--sounds like I'm denigrating US--I'm not--but couldn't other countries initiate their own first, why have to wait and play second fiddle? Always like this. US passes some law, then you see, like the dominoes fall elsewhere--depressing as it gives the impression they were too scared to pass before US...ugh. Progress controlled from one source is not diverse enough to succeed. We need more :)
It's a feeling built up over years, from a gestalt experience... I wasn't keeping notes. I don't know...some places I might look to research that further are: copyright law / DMCA, encryption law and export regulation, COVID policies, country / company blacklists, crypto law -- but without finding all the little moments in my past where I saw such and such a news happen in USA, then later on such and such similar legislation / policy happen in EU, in East Asian democracies, in Indo Pacific...I couldn't provide you who is exactly on that list for sure. Just a feeling it's there tho. I'm sure it seems probably not very convincing to you...that's OK, you have your own experience and memory. This is mine.
Thanks for the link. Interesting. Cross-pollination maybe? :) Have a good one!
Readit News
I don't see how this works if it is usually companies that are corrupt to the top that have stuff that the public should know.
Just look at Boeing, there were countless internal issues raised about the corner cutting and it was just ignored over and over.
Won't this also allow a company to internally fix the issues and then sweep it under the rug?
> Personen, die beabsichtigen, Informationen über einen Verstoß zu melden, können wählen, ob sie sich an eine interne Meldestelle (§ 12) oder eine externe Meldestelle (§§ 19 bis 24) wenden. Wenn einem intern gemeldeten Verstoß nicht abgeholfen wurde, bleibt es der hinweisgebenden Person unbenommen, sich an eine externe Meldestelle zu wenden.
DeepL translation:
> Persons intending to report information about a violation may choose whether to contact an internal reporting office (Section 12) or an external reporting office (Sections 19 to 24). If an internally reported violation has not been remedied, the whistleblower is free to contact an external reporting office.
https://www.bundestag.de/dokumente/textarchiv/2022/kw50-de-h...
Hope you can help yourself with translate services.
Otherwise I am not sure, if money is the solution to everything, as it could create incentive to create problems or make them worse, only to eventually receive a bigger part of the fines.
> create problems or make them worse
Personally, I'd hope that the sophistication of the regulators involved, and the liable parties' lawyers---if you're doing something bad enough to be liable for billions of dollars in fines, you can afford good lawyers---would be a good guard against whistleblowers' trying to game the system.
one example: https://www.sec.gov/news/press-release/2022-211
Whether the denials were justified or not -- can't say.
[1] https://en.wikipedia.org/wiki/False_Claims_Act
[2] https://www.newyorker.com/magazine/2022/12/05/how-hospice-be...
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I think there are plenty of examples of the opposite: https://en.wikipedia.org/wiki/Brussels_effect
Thanks for the link. Interesting. Cross-pollination maybe? :) Have a good one!
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