Compliance. Concerns. Aid.

The internet-based Whistleblowing System at compliance-aid.com is an independent communication channel to the Ombudslawyers of bleu&orange®. The Whistleblower System does not replace the existing bleu&orange® Ombuds Office, but rather complements this offer. Our solution combines the advantage of being able to submit an anonymous report via this System at any time with the benefits of involving our Ombudslawyers.

The external Ombudslawyer can ensure the protection of the anonymity of whistleblowers on the basis of legal rights to refuse to give evidence and individual contractual arrangements. However, it cannot be guaranteed that the documents entrusted to the lawyer are free from seizure. With the decision of the Bochum Regional Court of March 16, 2016, a seizure by the public prosecutor's office at the Ombuds Office for the purpose of investigating the identity of a whistleblower was expressly permitted. The Federal Constitutional Court (Az. 2 BvR 1405/17; 2 BvR 1780/17) confirmed this view on June 27, 2018, in a decision on the so-called "Diesel Scandal":

"According to prevailing opinion in case law and literature, Para 97, Subsection 1, No. 3 German Code of Criminal Procedure only protects the relationship of trust between the person entitled to refuse to testify and the accused in the concrete criminal proceedings (see Regional Court Bochum, decision of March 16, 2016 - II-6 Qs 1/16 -, [. Queling/Bavaria, NZWiSt 2016, p. 417 [...] An expanded interpretation of Para 97, Subsection 1, No. 3 German Code of Criminal Procedure [...] is not required by the constitution [...]."

We understand if potential whistleblowers are confused by this jurisdiction as to how far the protection of their identity actually extends. For this reason, we have developed compliance-aid.com, an internet-based Whistleblower System, which meets the requirements of our clients and especially of potential whistleblowers. With compliance-aid.com, whistleblowers have the opportunity to communicate anonymously with the Ombudslawyer, who is entitled to refuse to testify anyway, via a channel that is specially secured. Reports and documents are stored here completely securely. Only the Ombudslawyer and, upon request, the whistleblowers will have access to this data.