*In the text, for the sake of simplicity and without any intention of discrimination, only the masculine form is used. This includes all genders.
Preamble
As part of its Compliance Management System, THE FLAG Holding GmbH has long implemented a whistleblower system in the form of an attorney ombudsman (trusted attorney), through which confidential reports of legal violations and intentional misconduct can be made. Such reports related to our company can be submitted by employees as well as third parties. With the Whistleblower Protection Act (HinSchG), such a system and a process for handling whistleblowers’ reports have now become a legal requirement, about which we inform you below.
Our Whistleblower System and the Whistleblower protection act
The Whistleblower Protection Act includes protective measures for whistleblowers who report suspected legal violations through an established reporting office. In particular, whistleblowers must not suffer any disadvantages. The law restricts this protection to reports related to criminal offenses, certain administrative offenses, and some federal, state, and EU regulations. As a company, we generally protect all whistleblowers who report intentional misconduct, including those concerning our company's regulations, guidelines, and rules. Conversely, we expect loyal employees not to turn a blind eye to misconduct but to report it in the interest of the company. Managers have a special duty in this regard. We have the same expectations of our business partners.
Where are the limits of what can be reported?
Reports should involve intentional and relevant misconduct in the context of professional activities, not minor matters or mistakes that anyone can make. With our whistleblower system, we aim to prevent harm to our company and our employees. All whistleblowers who provide such information to the best of their knowledge and in good faith are protected. Persons who deliberately slander others or make accusations without any basis do not deserve protection. The text of the HinSchG can be viewed at www.gesetze-im-internet.de/hinschg/
Our Ombudsman as the Reporting Office for Whistleblowers
Our ombudsman, Lowyer Dr. Rainer Buchert from Frankfurt, also serves as the reporting office as required by the Whistleblower Protection Act. He only passes on confidential reports to our Compliance Officer if whistleblowers release him from his attorney-client confidentiality. It is usually possible for only the matter at hand to be disclosed while the identity of the whistleblower remains confidential and known only to the ombudsman. Regardless, we, as Compliance Officers, handle all personal data confidentially and strictly follow legal requirements (HinSchG, GDPR, BDSG).
Contacting our Ombudsman
Our Ombudsman, Lowyer Dr. Rainer Buchert, is available on weekdays between 08:00 and 20:00 at:
Buchert Jacob Partner Rechtsanwälte PartG mbB
Kaiserstraße 22
60311 Frankfurt am Main
Phone: +49 69 710 33330
or +49 6105-921355
Fax: +49 69 710 34444
Email: dr-buchert@dr-buchert.de
Reports can also be made electronically and in various languages via a confidential contact form on the Buchert Jacob Partner law firm’s website:
- German: https://www.ombudsperson-frankfurt.de/de/kontaktformular/?company=THE_FLAG
- English: https://www.ombudsperson-frankfurt.de/en/contactform/?company=THE_FLAG
We take every report seriously and investigate it – provided there is a justified initial suspicion – in compliance with legal requirements (clarification, internal investigations). Whistleblowers receive feedback on the matter.
Lowyer Dr. Buchert is represented by Attorney Dr. Caroline Jacob from the same law firm.
Our ombudsman also provides advice if there are any questions regarding the topic. However, he is neither a complaints office nor a suggestion box. Whistleblowers do not incur any costs by using the whistleblower system.
External Reporting Offices
In addition to our internal reporting office, whistleblowers can also contact external reporting offices. The federal government has established such a reporting office at the Federal Office of Justice. There are also external reporting offices at the Federal Financial Supervisory Authority (BaFin) and the Federal Cartel Office for their respective special areas. For more information, please visit the websites of these authorities:
www.bundesjustizamt.de/DE/MeldestelledesBundes/MeldestelledesBundes_node.html