Whistleblower protection and reporting channels in Austria

1. Is there a law on whistleblowing in your country?

Yes, this law is the Act on the Procedure and Protection in Case of Reports of Legal Violations in certain areas of law (also known as the Whistleblower Protection Act, HinweisgeberInnenschutzgesetz, HSchG). It covers whistleblowing reporting on violations of regulations on public procurement, financial services, financial products and financial markets and prevention of money laundering and terrorist financing, product safety and compliance, transport safety, environmental protection, radiation protection and nuclear safety, food and feed safety, animal health and welfare, public health, consumer protection, the EU's General Data Protection Regulation (GDPR) and certain criminal offences such as fraud, prevention and punishment of criminal offences, such as prohibited intervention and bribery.

2. Does local law require private entities to establish a whistleblowing system? (If so, which private entities?)

Yes. Companies with 250 or more employees must establish a whistleblowing system by 25 August 2023 and companies with 50 employees or more must do this by 17 December 2023. Companies with less than 50 employees are not required to set up whistleblowing systems. In some sectors, such as the banking and finance sector, a whistleblowing system is required regardless of the number of employees.

The potential whistleblower may turn to external reporting channels without violating confidentiality agreements or other legal obligations to secrecy.

4. Are there any mandatory requirements for establishing a reporting channel under local labour law?

The reporting channel must allow for information to be submitted either in writing or orally, or both. This channel must also ensure confidentiality for the whistleblower and other persons mentioned in a report. All information received must be treated without bias.

If the whistleblower requests a meeting, such a request must be granted within 14 days. The internal unit dealing with the information submitted via the reporting channel must inform the whistleblower within three months at the latest if it has taken or intends to take up follow-up measures, or it must communicate the reasons for not following up.

5. Does local law require employee involvement when establishing a whistleblowing system?

No, unless the internal reporting systems cover issues beyond those required by local law (see question 1).

6. Does local law prohibit employees from disclosing irregularities/misconduct externally, e.g. to the public?

No. The law recommends that whistleblowers first check whether they can pass on a tip to an internal body. It also recommends that information should only be reported to an external (i.e. public) reporting channel if it is not possible, not appropriate or not reasonable to use an internal reporting channel or if attempts at making a report have proven to be unsuccessful or futile.

Persons who disclose irregularities/misconduct to the public outside of internal and/or external reporting channels are not protected by the law, which allows, under certain circumstances, the violation of secrecy obligations and protects individuals against retaliatory measures.

Whistleblowers are protected from any retaliation when making a report. This includes protection against dismissal, non-renewal or early termination of fixed-term employment contracts, suspension, downgrading or denial of promotion, negative performance appraisals, disciplinary sanctions, etc.

8. Are there any mandatory requirements and/or accompanying measures under local data protection law?

Local law allows for the use of the personal data of whistleblowers, persons affected by the whistleblowing and follow-up measures, provided that this use complies with the GDPR.

9. Does local law prohibit a joint whistleblowing system of various entities in different jurisdictions?

Local law allows joint-whistleblowing systems but does not make explicit reference to joint-whistleblowing systems in different jurisdictions. It is currently unclear whether cross-jurisdictional joint-whistleblowing systems within a company group are permitted.

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