Information on the use of internal and external reporting procedures under the Whistleblower Protection Act (HinSchG) – Whistleblowing
The internal reporting office of Omnisal GmbH
The internal whistleblower system allows you to report well-founded suspicions or knowledge of actual or possible violations that you have become aware of in the course of your professional activities and that you believe violate applicable law. All reports made through our internal reporting system under the HinSchG will be treated confidentially, so you do not have to worry about your identity being revealed. You can also make an anonymous report. Omnisal GmbH has selected a person to run the internal reporting office who is not an employee of the company, who has a legal background and is aware of the responsibility of seriously and carefully examining each report and of conducting proper impartial proceedings in accordance with the law, while observing the confidentiality regulations (Sections 8, 9 HinSchG). However, to enable a more efficient investigation, we ask you to provide your real name and job title. We guarantee you the utmost confidentiality in processing your report.
The provisions of the HinSchG are intended to ensure that whistleblowers are protected from reprisals by their employer or superiors. This is to encourage whistleblowers to report violations or suspicions of violations.
Please note that this is not a channel for emergency calls. In urgent cases or if there is an acute risk of damage, contact the relevant authorities, in particular the police.
Use of the internal reporting channel is free of charge.
Contact details for the internal reporting office
The internal reporting office of Omnisal GmbH is operated by:
Jakub Chytil, JUDr.
You can submit a report via the following communication channels:
By phone
+ 420 724 164 651
By email
By post
By post to:
JUDr. Jakub Chytil
Rybná 678/9
110 00 Prague 1 Old Town
In person
Upon request, reports can also be made in person or via video conference. Please send your request for a personal meeting or a video conference using the contact details provided.
Who can use the internal reporting office?
The internal whistleblowing system is aimed at people who work for Omnisal GmbH and have become aware of violations or suspected violations in the course of their professional activities:
· Employees, temporary agency workers
· Those employed for their vocational training, including interns,
· Employee-like persons and homeworkers,
Your report
Please fill in as many fields of the report form as possible. Do not provide any personal data that is not relevant for the report.
What can be reported to the internal reporting office?
All information about suspected violations of rights within the scope of the HinSchG (§2 HinSchG) can be reported. You can report not only violations that have already taken place, but also facts that indicate that such violations are still to be committed (imminent or planned violations). The following violations can be reported:
· Criminal offences,
· Administrative offences that are subject to a fine, insofar as the violated regulation serves to protect life, limb or health or to protect the rights of employees or their representative bodies,
· Behaviour that violates federal and state laws as well as European Union laws, which are listed in § 2 para. 1 no. 3 HinSchG.
Please only submit a report if you have reasonable grounds to suspect that the facts stated in the report are true. A knowingly false report can constitute a criminal offence and lead to disciplinary action or liability for damages. Knowingly false reports are not protected by law.
Procedure for processing reports
The first step for the Omnisal GmbH internal reporting office is to check whether a report falls within the scope of the Protection from Harassment at Work Act. If a report falls within the scope of the Act, the next step is to check whether it is substantiated. The internal reporting office will contact you and request further information if necessary. Finally, the internal reporting office will assess whether follow-up action is required and take it if necessary.
You will receive an acknowledgement of receipt within seven days of making the report. A unique case number will be assigned to each report. When you submit the report, you will be provided with a code. You can use the code to submit additional information about the case, communicate with the internal reporting office or track the progress of the case.
No later than three months after sending the acknowledgement of receipt, or, if no acknowledgement of receipt was sent, no later than three months and seven days after receipt of the report, the internal reporting office shall provide the reporting person with feedback on the follow-up measures planned and already taken, as well as the reasons for those measures. Feedback will not be provided if it affects internal investigations or inquiries or the rights of the persons who are the subject of a report or who are mentioned in it.
If the internal reporting office comes to the conclusion that the report is not in line with the HinSchG, you will also be informed.
All information reported is treated confidentially. The identity of the person providing the information will only be passed on in the cases described in Section 9 HinSchG, in particular at the request of the law enforcement authorities in criminal proceedings, on the basis of an order in an administrative procedure following a report, on the basis of a court decision or if you have given your consent.
External reporting offices
In addition, information on violations can be reported to the external reporting offices of the federal government and the European Union.
External reporting offices of the federal government are operated by the Federal Office of Justice (BMJ), the Federal Financial Supervisory Authority (BaFin) and the Federal Cartel Office. An overview of the responsibilities of the external reporting offices can be found here:
The federal government’s external reporting offices confirm receipt of a report within seven days. A confirmation of receipt will not be provided if the reporting person expressly waives it or if there is sufficient reason to believe that the confirmation of receipt would compromise the protection of the reporting person’s identity. In cases suitable for an internal reporting procedure, the external reporting offices will, together with the confirmation of receipt, draw the reporting person’s attention to the possibility of an internal report. The external reporting offices check whether the reported violation falls within the material scope of application of Section 2 HinSchG and whether exceptions under Section 5 HinSchG apply. The external reporting offices then check the validity of the report and take appropriate follow-up action in accordance with Section 29 HinSchG. The external reporting offices provide feedback to the reporting person within three months. In cases requiring extensive processing, the deadline is six months. For more information about the external reporting process at these offices, please see the following links:
- https://www.bundesjustizamt.de/DE/MeldestelledesBundes/MeldestelledesBundes_node.html
- https://www.bafin.de/DE/DieBaFin/Hinweisgeberstelle/7_Anwendbarkeit_des_Hinweisgeberschutzgesetzes/Anwendbarkeit_Hinweisgeberschutzgesetz_node.html
- https://www.bundeskartellamt.de/DE/Aufgaben/Kartelle/HinschG/HinschG_node.html
The European Union operates, among others, the following external reporting offices:
- EU Commission Sanctions Whistleblower Tool:https://eusanctions.integrityline.com/frontpage
- European Anti-Fraud Office (OLAF):https://anti-fraud.ec.europa.eu/olaf-and-you/report-fraud_en
- European Union Aviation Safety Agency (EASA):https://www.easa.europa.eu/en/confidential-safety-reporting
- European Securities and Markets Authority (ESMA):https://www.esma.europa.eu/investor-corner/make-complaint
- European Medicines Agency (EMA):https://www.ema.europa.eu/en/about-us/how-we-work/external-whistleblowing-policy
- European Maritime Safety Agency (EMSA):https://www.emsa.europa.eu/
Data protection information for whistleblowers in accordance with Art. 13 GDPR
We process your personal data in the context of operating the internal reporting office in accordance with the Whistleblower Protection Act (HinSchG).
Person responsible
Responsible for the processing of your data within the meaning of Art. 4 No. 7 GDPR is
JUDr. Jakub Chytil
Rybná 678/9
110 00 Prague 1 Old Town
Contact details for the data protection officer[A1]:
Your rights
You have the right to request information about your stored personal data, as well as the right to request the correction, deletion and restriction of its processing, data transmission and the right to revoke consent that has been granted. Furthermore, you have the right to object to the processing of your personal data at any time if this is done on the basis of our legitimate interest. Finally, you have the right to lodge a complaint with a supervisory authority. You can find a list of all data protection supervisory authorities in Germany here.
Processing of your personal data
Sending a report and review
When you submit a report, we process all the information in your report, in particular your name and the contact details provided, all information on the reported facts, suspicions regarding possible criminal offences and other possible legal violations, as well as the date and time the report was sent. The purpose of the processing is to provide the internal reporting channel and to carry out the legally required procedural steps after a report has been received, in particular to check the scope of the HinSchG, to check the plausibility and validity of reports, to investigate and stop possible violations of the law, to recommend and implement follow-up measures. The legal basis for the processing is Art. 6 (1) (c) GDPR in conjunction with § 10 HinSchG. If special categories of personal data are processed in accordance with Art. 9 (1) GDPR, the legal basis is Art. 9 (2) (g) in conjunction with § 10 HinSchG. We store your report, including all information, for a period of three years after the conclusion of the proceedings, § 11 (5) HinSchG, unless other legal provisions require longer storage.
Disclosure of personal data
If required for follow-up measures, we will pass on information from your report to the relevant authorities. If we are legally obliged to do so, we will pass on information from your report, possibly including your identity, to law enforcement authorities, administrative authorities or courts. In doing so, we comply with the confidentiality requirements of §§ 8, 9 HinSchG. The legal basis for such data transfers is Art. 6 (1) (c) GDPR in conjunction with § 10 HinSchG in connection with the legal obligation to disclose the information. Insofar as special categories of personal data are processed in accordance with Art. 9 (1) GDPR, the legal basis is Art. 9 (2) (g) GDPR in conjunction with § 10 HinSchG and Art. 9 (2) (f) GDPR. Unless there is a legal obligation to disclose your identity, we will only disclose information about your identity or other circumstances that allow conclusions to be drawn about your identity with your consent, in accordance with Art. 9 (3) HinSchG. In this case, the legal basis for the processing is your consent in accordance with Art. 6 (1) (1) (a) GDPR.
You can revoke your consent at any time by sending us a message via the internal reporting channel or via the contact details given in the ‘Controller’ section. This will not affect the lawfulness of the processing carried out on the basis of the given consent up to the time of your revocation.
We use processors (e.g. email providers) to technically provide the reporting channel and to process reports, who process the data based on our instructions.