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Whistleblower Protection · Case

Follow-up measures and feedback

Updated on 4 min Open in Cenedril

Goal Plan and take follow-up measures, pass on protected data only under the rules of § 9, hear the person concerned, release the feedback on time and close the case.

After the review of the report the reporting office chooses the measures under § 18 HinSchG in the Follow-up measures phase, records every disclosure of protected data and gives the reporting person feedback on the state within the deadline. In the Execution phase it records the measures taken, and at Closure it tells the person the outcome and closes the case with a reason.

Choose follow-up measures

Plan a measure

Open the Follow-up measures phase and click Add follow-up measure in the card of the same name. Choose the Measure, for example Internal investigation, the date under Planned for and the Responsible person, and write the Reason of appropriateness; the text goes into the feedback. For an investigation record the contacts made, for a referral the competent body, for a handover to the investigating unit its accounts and the end of its access.

A planned internal investigation with date, responsible person, reason and contact; below it the actions of the measure.

Mark a measure as taken

Once the measure is carried out, click Mark as taken and record the outcome. Edit adjusts the planning, Withdraw takes a measure back with a reason. If the employer remedies the breach, Open remediation in the Remediation card opens a corrective action with cause, planned measure and effectiveness check.

Pass on protected data

Record a disclosure

If the identity of the reporting person, of a named person or a protected secret has to reach a body outside the reporting office, click Record disclosure in the card Disclosures of protected data. Choose legal basis and recipient, the scope of the data and justify the necessity. Depending on the legal basis a checklist follows: Request consent sends the person a request they answer in the portal; Send prior notice announces a disclosure. Release becomes possible only when the checklist is complete. Download record provides the proof of the disclosure as a PDF.

A released disclosure of the identity to accounting, with legal basis, scope, necessity and the consent given in the portal.

Hear the person concerned

Invite to and record the hearing

In the card Rights of the person concerned click Invite to hearing. Record form and time and confirm that the person was told about the presumption of innocence and the way to inspection. After the conversation Record hearing enters the statement and the outcome. Record inspection request takes in a request to inspect the person’s own file, on which the reporting office decides within one month. The identity of the reporting person always stays excluded.

The hearing of the person concerned with invitation, form, time and the recorded outcome.

Give feedback

Prepare and send the feedback

The Feedback card names the deadline and the basis from the measures. Click Prepare feedback. The window Feedback to the reporting person proposes a text from the planned and taken measures and their reasons; shorten or add to it. Under Confirm before sending you confirm that the message disturbs no inquiries and names no person concerned or named. Save draft keeps the state, Send feedback releases it.

The feedback, prefilled from the measures, with the two confirmations the law requires.

Close the case

Communicate the closure and close the case

Once all planned measures are taken or withdrawn, open the Closure phase. Choose the closure reason and click Communicate the closure; the text comes from the template of the reason and goes to the person after the same confirmations as the feedback. Then Close case closes the case with the reason. Without feedback given or an overrun note the closure stays locked.

The closed case: the released feedback with the closure.

Reopen a case

If new facts come up after closure, click Reopen in the Reopening card and give the reason. The case is in progress again; the reason is kept in the protocol and on the withdrawn closure measure.

Requests from authorities

Record and answer a request

If an authority requests information on a case, record the request through Requests of external reporting offices in the header of the case list. Every request gets its own identifier, the authority’s deadline and the link to the case. An answer containing protected data requires a released disclosure in the case; a refusal names its legal basis with reference in the reply to the authority.

The form for a request from an authority with kind, authority, file number and deadline.

Result: Every measure is planned with a reason and marked as taken, every disclosure is checked and documented, the person has received the feedback on time and the closure notice, and the case is closed with a reason. The guide on retention describes its record and retention.

Frequently asked questions

Which follow-up measures can be chosen?

The six kinds of § 18 HinSchG: an internal investigation, a referral to another competent body, the closure of the procedure, a handover to the investigating unit, a handover to a competent authority and another suitable measure. Several measures side by side are common; each carries a reason why it is appropriate.

When may the reporting office pass on the identity of the reporting person?

Only in the cases of § 9 HinSchG, for example with the person's consent for a follow-up measure or at the request of a criminal prosecution authority. Cenedril records every disclosure with recipient, legal basis, scope and necessity and releases it only once the checklist of the legal basis is complete, for example when the consent is on file.

What may the feedback contain?

The planned and taken follow-up measures and their reasons (§ 17(2) HinSchG). The feedback must not disturb internal inquiries or investigations and must not violate the rights of the persons concerned or named. The reporting office confirms both before sending.

Can I extend the feedback deadline?

No. If time runs short, record the overrun with a reason; the note appears in the case and in the protocol and allows the closure without feedback given.

Can a closed case be reopened?

Yes. “Reopen” in the Reopening card asks for a reason. The closure time is cleared, the case is in progress again, and the reason is kept in the protocol.