Frequently asked questions about the whistleblower system
Even though whistleblower protection is now frequently discussed in public, it harbours many questions in practice.
The following catalogue of questions is intended to provide orientation and counteract possible uncertainties.
Please contact us if you have any further questions and/or suggestions for expanding the catalogue.
Frequently asked questions
Why has FH Aachen appointed a Compliance Ombudsperson?
Information can make an important contribution to counteracting violations of applicable law or internal regulations at an early stage and avert damage, especially to employees and FH Aachen.
For this reason, FH Aachen has appointed a Compliance Ombudsperson (Ombudsperson for short) as an external and independent contact. You can contact this person if you have sufficient evidence that violations of applicable law or internal FH Aachen regulations have occurred.
How do you give a hint?
Please inform the ombudsperson,
- at which organisation or organisational unit
- what
- when
- where
- with which parties
happened and when.
Relevant for the ombudsperson are indications of possible violations of applicable law or internal regulations of FH Aachen University of Applied Sciences.
Before providing information, please check carefully whether the information you provide is correct. In particular, you must not make any statements that you know to be false.
Please let the ombudsperson know
- which organisation or organisational unit
- what
- when
- where
- with which parties
happened and when.
Relevant for the ombudsperson are indications of possible violations of applicable law or internal regulations of FH Aachen University of Applied Sciences.
Before providing information, please check carefully whether the information you provide is correct. In particular, you must not provide any information that you know to be false.
How is identity protected?
As a lawyer, Dr Johannes Dilling is bound by professional secrecy and may not disclose the identity of a person providing information to third parties without incurring criminal liability. Dr. Dilling has taken suitable technical and organisational measures to protect the information he receives in such a way that third parties cannot access it. The information that Dr Dilling passes on to FH Aachen is also treated confidentially and protected there.
What is the position of the ombudsperson?
The ombudsperson is not an arbitration board for disputes. The mandate relationship exists only between FH Aachen and the ombudsperson. Nevertheless, the ombudsperson acts impartially and is not bound by instructions from FH Aachen. As a lawyer, the ombudsperson is obliged by law to maintain confidentiality.
How can you contact the ombudsperson?
You can contact the ombudsperson by any conceivable means (telephone, email, fax, post or via the ISO 27001-certified whistleblowing system www.safewhistle.info). There is also the option of personal meetings, including video and audio transmission on request.
The messenger services Signal and Threema are available for encrypted communication, as is Protonmail for encrypted email communication.
You can find more information about the process at www.safewhistle.info
The contact details are as follows:
Lawyer Dr Johannes Dilling
Landgrafenstraße 49
50931 Cologne
Telephone: +49 (0) 221 933 107 40
Mobile phone: +49 (0) 163 347 6111
Fax: +49 (0) 221 933 107 42
Threema ID: 3P9X97PS
Email: infora-dilling.de; [email protected]
Which whistleblowers are protected?
Any whistleblower acting in good faith is authorised to provide information. Whistleblowers acting in good faith fall within the scope of protection of these Rules of Procedure. Good faith is deemed to exist if the whistleblower assumes at the time of reporting that the information provided by him/her is true.
What can you do if you are not quite sure whether the observed or suspected offence is true?
If you are not sure whether the observed or suspected violations are true, please use phrases such as "I believe...", "I think it is possible...", "It could be that...".
If you are unsure about the presentation, assessment and/or procedure, you can talk to the ombudsperson about the case before submitting a report - even anonymously.
Is the protection of identity absolute?
No, it is not.
Firstly, Section 9 (2) of the Whistleblower Protection Act provides for exceptions to confidentiality, which allow, for example, the identity of a whistleblower to be passed on to a law enforcement authority if the latter so requests. Section 9 HinSchG is expressly referred to.
On the other hand, only those persons who are acting in good faith, i.e. who do not intentionally or grossly negligently provide false information, enjoy confidentiality protection. Good faith can be assumed if the person providing the information assumes at the time of reporting that the information they have provided is true. A whistleblower who intentionally or grossly negligently transmits false information must expect that their identity will become known via a request for information from the data subject in accordance with Art. 15 para. 1 GDPR and that the data subject will assert claims for damages.
Finally, neither Dr Dilling nor FH Aachen are protected against seizure, i.e. in the event of an official investigation, authorities may seize documents that reveal the identity of the person providing the information.
What happens to the hint?
Any information received is checked for plausibility by the ombudsperson, processed and forwarded to the university in confidence.
Within the university, a working unit consisting of representatives from the Compliance, Internal Audit and Legal Departments as well as the Chancellor's Consultant will take care of further processing.
Finally, you will receive re-registration from the ombudsperson.