Information on the Whistleblower Protection Act

Gastronovi GmbH

As of: 15.04.2024

When an internal or external whistleblower reports an irregular act in the company, this is referred to as "whistleblowing". This confidential report may concern indications and well-founded suspicions of actual or potential violations that have either already been committed or are very likely to occur. A whistleblower system therefore offers the opportunity to uncover potential violations.

"The EU Whistleblower Directive (Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law) aims to protect persons who report breaches. It also protects persons who are the subject of a report or disclosure and other persons affected by a report or disclosure. For Germany, the requirements are defined in the HinSchG. This results in a legal obligation to introduce a whistleblowing procedure (so-called "internal reporting office").

If you suspect violations of the law, unethical behavior or breaches of our Code of Conduct, you can contact the whistleblower reporting office/portal. Our employees, customers, suppliers and business partners can use these to report suspected or actual violations.

Such violations include, for example:

  • Fraud, theft, embezzlement
  • Bribery/corruption
  • Offenses relating to the Supplier Due Diligence Act or Supply Chain Act
  • Violations of antitrust law
  • Violation of data protection or IT security guidelines
  • Product safety
  • Violations of environmental protection regulations
  • Conflicts of interest
  • Sexual harassment, discrimination, violations of personal integrity

The safest way to send a message is to open the following address in the browser of your private computer: https://www.whistle-blow.org/transgourmet. This portal guarantees independent and anonymous processing of the reported transactions.

The whistleblower can also contact hinweisgeber@gastronovi.com or call +49 421 408942-607.

Incoming reports are processed according to a standardized and fair process. All information received is treated in strict confidence, and reports can be submitted anonymously if desired, whereby anonymity is also guaranteed in the further course of the process.

You will receive notification of receipt and acknowledgement of your report within 7 days. You can rely on the information being handled discreetly and confidentially. You will be informed of the information from the investigation process and corresponding follow-up measures no later than 3 months after your report.

The Whistleblower Protection Act includes protection against disadvantages through the provision of information. The whistleblower therefore does not have to fear any negative consequences. If violations of German law are reported, the law protects the whistleblower from any negative consequences such as dismissal, demotion, promotion freeze, job relocation, damage to reputation, salary cuts, etc. In addition, the whistleblower is not liable for any damage caused by the discovery of the violation.

Protecting the identity of the whistleblower is the top priority of the Whistleblower Protection Act. This is ensured by the option of confidential reporting. The identity of the whistleblower will only be disclosed with the whistleblower's consent. An exception is made in the case of judicial or official investigations. Here, the whistleblower is informed before his identity is disclosed.

In addition, the whistleblower is assured of free and comprehensive advice and support options. Among other things, this includes remedies and procedures against reprisals.

In addition, the burden of proof is reversed to protect the whistleblower. This means that if the whistleblower is discriminated against, the employer must prove that this occurred independently of the whistleblowing.

In addition, the person concerned is also protected by the Whistleblower Protection Act. This safeguards the rights of the accused, such as the right to an effective legal remedy or to a fair trial. It also preserves the presumption of innocence and guarantees the rights of the defense, which include the right to be heard and to inspect their file.

False suspicion in the context of a report or disclosure can have far-reaching consequences for the person concerned. The effects may not be completely reversible.

However, no excessive requirements should be placed on persons providing information with regard to verifying the accuracy of the information. Therefore, the whistleblower is also protected in cases where the information turns out to be incorrect, but the whistleblower could have assumed that the information was correct at the time of reporting.

However, there is no protection for whistleblowers in the event of the deliberate or grossly negligent disclosure of incorrect information. In such cases, the malicious whistleblower is even obliged to compensate the damage (Section 38 HinSchG-E).