Engelmann Sensor GmbH whistleblower system
Engelmann Sensor GmbH is committed to effective compliance. Compliance means observing the law and the internal rules of Engelmann Sensor GmbH as well as creating structures so that Engelmann Sensor GmbH, the company management and all its employees can behave lawfully. The compliance ombudsperson and the ISO 27001-certified whistleblower system www.safewhistle.info are part of the compliance system and the compliance culture of Engelmann Sensor GmbH.
Why has Engelmann Sensor GmbH appointed a Compliance Ombudsperson?
Your information helps us to counteract violations of applicable law or internal guidelines of Engelmann Sensor GmbH at an early stage and to prevent damage to our employees, business partners, third parties and Engelmann Sensor GmbH. For this reason, Engelmann Sensor GmbH has appointed a compliance ombudsperson to whom employees, business partners and third parties can turn as an external and independent contact person if they have sufficient indications that violations of applicable law or internal regulations of Engelmann Sensor GmbH have occurred.
Which whistleblowers are protected?
Any whistleblower acting in good faith is entitled to provide information. Whistleblowers acting in good faith fall within the scope of protection of these Rules of Procedure. A whistleblower is deemed to be acting in good faith if, at the time of the report, he/she assumes that the information provided is true.
How do I issue a notice?
Please inform the compliance ombudsperson – at which company or part of the company – what happened – when – where – with which parties involved. Information on possible violations of applicable law or internal regulations of Engelmann Sensor GmbH is relevant for the Compliance Ombudsperson. The Compliance Ombudsperson is also interested to know which other persons – possibly not involved in the specific events – have knowledge of this and whether there are any documents (e.g. e-mails, photos) relating to this. Before providing information, please check carefully whether the information you are providing is accurate. In particular, you must not make any statements that you know to be false. Please also let the compliance ombudsperson know how they can contact you if they have any queries.
What should I do if I am not entirely sure whether the violation I have observed or suspect is true?
If you are not sure whether the violations you have observed or suspect 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 Compliance Ombudsperson about the case beforehand – anonymously if you wish – free of charge.
Are there any costs associated with issuing a notice?
No costs are associated with the issuing of a notice for the person issuing the notice.
How is identity protected?
As a lawyer, Dr. Johannes Dilling is bound by professional secrecy and may not disclose the identity of a whistleblower known to him to third parties without incurring criminal liability. Dr. Dilling has taken appropriate technical and organizational 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 Engelmann Sensor GmbH is also treated confidentially and protected there. The person providing the information may request that Dr. Dilling not disclose their identity to Engelmann Sensor GmbH.
Is the protection of identity absolute?
No, it is not. On the one hand, the Whistleblower Protection Act in § 9 para. 2 of the Whistleblower Protection Act provides for exceptions to confidentiality which, for example, allow 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 transmit 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 pursuant to Art. 15 para. 1 GDPR and that the data subject will assert claims for damages. Finally, neither Dr. Dilling nor Engelmann Sensor GmbH 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. Whistleblowers who fear that their identity will become known are therefore advised to submit a report anonymously.
Even in the case of an anonymous report, no false information may be transmitted. If you are not sure, please use phrases such as “I believe…“, “I think it is possible…“, “It could be that… “
Do I have to reveal my identity when I make a report?
If you wish, the person providing the information can remain anonymous. Whistleblowers can also request that the Compliance Ombudsperson does not pass on information that could reveal their identity to Engelmann Sensor GmbH.
Do I have to fear professional disadvantages if I give a tip-off?
No, reprisals directed against whistleblowers are prohibited. This also applies to threats and attempts to take reprisals.
What is the position of the Compliance Ombudsperson?
The Compliance Ombudsperson is not an arbitration body for disputes. The client relationship exists only between Engelmann Sensor GmbH and the compliance ombudsperson. Nevertheless, the compliance ombudsperson acts impartially and is not bound by instructions from Engelmann Sensor GmbH. As a lawyer, Dr. Johannes Dilling is obliged by law to maintain confidentiality.
What happens to the note?
The Compliance Ombudsperson will provide you with feedback within 24 hours that the report has been received. The Compliance Ombudsperson will process the report and pass it on confidentially to the Head of Human Resources and Compliance at Engelmann Sensor GmbH. The Head of Human Resources and Compliance at Engelmann Sensor GmbH then decides, together with the management if necessary, how to deal with the report. If there are sufficiently concrete suspicions of legal or policy violations, these will be investigated internally in order to clarify and remedy possible misconduct. As a rule, this is also done confidentially and discreetly in order to protect the rights of the persons affected by the information. You will receive feedback from the Compliance Ombudsperson no later than three months after the report has been made as to whether the reported violation has been identified.
How can I contact the Compliance Ombudsperson?
You can contact the Compliance Ombudsperson in any conceivable way (telephone, e-mail, fax, post or via the whistleblower system www.safewhistle.info). The Compliance Ombudsperson is also available for face-to-face meetings with whistleblowers, including via video and audio transmission on request. If you wish to communicate in encrypted form, you can also use the messenger services Signal and Threema to contact the Compliance Ombudsperson. It is also possible to send encrypted emails to the Compliance Ombudsperson via Protonmail to the following address: RADilling@protonmail.com
The contact details are as follows:
Attorney Dr. Johannes Dilling
Landgrafenstraße 49
50931 Cologne
Phone: +49 (0) 221 933 107 40
Mobile: +40 (0) 163 347 6111
Fax: +49 (0) 221 933 107 42
Threema-ID: 3PX6278J
E-Mail: info@ra-dilling.de; RADilling@protonmail.com
External reporting offices
Whistleblowers can also choose to report information about violations to external reporting offices.
- Federal Office of Justice
The external reporting office is generally the Federal Office of Justice Adenauerallee 99 – 103 53113 Bonn.
Information on the reporting procedure at the Federal Office of Justice, to which reference is made in accordance with Section 24 para.
4 p. 1, 2 HinSchG, can be found here: https://www.bundesjustizamt.de/DE/MeldestelledesBundes/MeldestelledesBundes.html The online reporting procedure can be found at the following link: https://www.bundesjustizamt.de/DE/MeldestelledesBundes/MeldestelledesBundes_node.html
- Federal Financial Supervisory Authority (BaFin)
The competent external reporting office for notifications pursuant to Section 21 No. 1 and No. 2
HinSchG is the Federal Financial Supervisory Authority (BaFin) Graurheindorfer Straße 108 53117 Bonn Information on the reporting procedure of the Federal Financial Supervisory Authority, to which reference is made in accordance with Section 24 para.
4 p. 1, 2 HinSchG, can be found here: https://www.bafin.de/DE/DieBaFin/Hinweisgeberstelle/hinweisgeberstelle_node.html or here: https://www.bafin.de/DE/DieBaFin/Hinweisgeberstelle/2_Anonyme_Hinweisabgabe/AnonymeHinweiserteilung_node.html The online reporting procedure can be found at the following link: https://www.bkms-system.net/bkwebanon/report/clientInfo?cin=2BaF6&c=-1&language=ger
- Federal Cartel Office
The responsible external reporting office for reports pursuant to Section 22 para.
1 HinSchG is the Bundeskartellamt Kaiser-Friedrich-Straße 16 53113 Bonn Infringements can be reported at any time, irrespective of the outcome of proceedings via an internal report.
Information on the Bundeskartellamt’s reporting procedure, to which reference is made pursuant to Section 24 para.
4 sentence 1, 2 HinSchG, can be found here: https://www.bkms-system.net/bkwebanon/report/channels?id=bkarta&language=ger The online reporting procedure can be found at the following link: https://www.bundeskartellamt.de/DE/Kartellverbot/Hinweise_auf_Verstoesse/Hinweise_node.html;jsessionid=6C027096AE96D7C61C42A5EC4BFE49FC.2_cid508
- European Anti-Fraud Office
In addition, whistleblowers can report possible cases of fraud or other serious irregularities with a potentially negative impact on EU funds to the European Anti-Fraud Office (OLAF), anonymously if they wish: European Commission European Anti-Fraud Office (OLAF) 1049 Brussels Information on the reporting procedure at the European Anti-Fraud Office, to which reference is made in accordance with § 24 para.
4 p. 1, 2 HinSchG, as well as the online reporting procedure can be found here: https://anti-fraud.ec.europa.eu/index_de
