Tip-Check

Your Lawyer for the investigations of Whistleblower reports in Austria

Has your company received a whistleblower tip? Our Tip-Check service offers you an initial legal assessment and clear recommendations for action at a fixed price. We help you to comply with the Whistleblower Protection Act and conduct the review in accordance with the law.

Prüfung von Whistleblower-Meldungen: Rechtsanwalt Dr. Schönborn unterstützt interne Meldestellen bei der rechtlichen Analyse von Hinweisen und der Durchführung von Folgemaßnahmen

WHISTLEBLOWER PROTECTION ACT (HSCHG)

The Austrian Whistleblower Protection Act (HSchG) came into force in 2023 and introduced numerous legal innovations, such as
  • Obligation to set up an internal whistleblower system for companies with 50 or more employees;
  • Special protection for whistleblowers;
  • Strict confidentiality and non-disclosure obligations;
  • Guidelines for checking information, follow-up actions and deadlines;
  • Liability provisions and rules on the burden of proof;
  • Special data protection regulations;
  • Documentation and information obligations;
  • Penal provisions and much more.

We assist you in correctly applying the law and professionally accompany you in the analysis of reports.

LEGAL ASSESSMENT AND RECOMMENDATIONS FOR ACTION

We examine whistleblower reports objectively and independently and offer the necessary legal expertise. Depending on the allegations made in a whistleblower report, companies have different obligations to fulfil. Our legal review helps you to take the right steps in a lawful and proportionate manner and to be on the safe side from a legal perspective.

WHY ES.LAW?

Attorney Dr. Elias Schönborn is a specialist in the field of whistleblowing, based in Vienna. He brings extensive expertise from numerous consultations and whistleblowing investigations and is also a certified Whistleblowing Officer and co-author of the first legal commentary on the Austrian Whistleblower Protection Act. In addition, he regularly gives lectures and webinars on the legal aspects of whistleblowing. With the Tip-Check, you can choose between two different options at a fixed price to have your whistleblowing discreetly and confidentially checked by a specialist. Of course, the control of the process remains with you.

Our basic package provides you with a sound initial legal assessment of a whistleblowing tip and clarifies the applicability of the Whistleblower Protection Act (HSchG). We also advise you on urgent measures and any reporting obligations.

Services at a glance:

– Possible penalties

– Cursory risk and damage estimation

– Potential liability risks

– Reporting obligations to authorities

EUR 850 /plus VAT

RECOMMENDED

In addition to a legally sound initial analysis, our premium package also offers strategic initial advice on possible follow-up measures. It extends the basic package with targeted recommendations for action, including advice on criminal and labour law steps. If you want comprehensive legal support in the indicative initial review of a report and want to benefit from our special expertise, the premium package is ideal for your company.

Services:

– Criminal law steps

– Labour law measures

– Adjustment of compliance measures

EUR 1,750 /plus VAT

Our fixed prices for the Tip-Check guarantee you a comprehensive preliminary legal review, including specific recommendations for possible follow-up measures. If you require support with the implementation of follow-up measures such as an Internal Investigation or initiating legal steps – we are happy to support you on the basis of our usual terms and conditions, depending on the actual costs involved. We are happy to send you a customised offer. If necessary, we can also draw on our network of specialised experts.

You can find more information on legal support for your internal whistleblowing system and general whistleblowing legal advice here. Dr. Schönborn also acts as a Confidential Lawyer for Whistleblowing Systems. If you need a lawyer to defend you against criminal charges following a whistleblowing incident, you can find more information on this topic here.

FAQ

  • 1. Which reports from whistleblowers can I have legally checked by the whistleblower tip-check?

    The tip-check enables an initial legal examination of all types of whistleblower reports. From a legal point of view, a whistleblower tip can often involve several problems and may, for example, result in criminal law, civil law and public law consequences.
  • 2. What happens after I have submitted a whistleblower report for review?

    A structured process is initiated upon the submission of a report. The first step is an initial legal assessment of the report received and a detailed examination of whether or not the Whistleblower Protection Act (HSchG) is applicable. On the basis of the report, an assessment is made of the potential penalties, potential liability risks and clarification of any reporting obligations to authorities. Furthermore, as part of the premium package, an initial strategic consultation is available, during which detailed recommendations for follow-up measures and internal investigations will be provided. In addition, recommendations will be provided with regard to compliance aspects, outlining potential measures that can be implemented in the future to prevent potential infringements and avoid liability risks.
  • 3. Why does it make sense to consult a specialist whistleblowing lawyer at an early stage when investigating a report?

    It is often beneficial to consult a lawyer who specialises in whistleblowing after receiving a report. Specialised lawyer possess the requisite expertise and experience to assess the complex legal issues associated with whistleblowing reports and to adequately assess the legal risks. Their expertise enables them to examine the report and associated legal aspects in greater detail and provide a well-founded initial assessment of whether the reported incident may also have criminal consequences for the company. In order to minimize potential liability risks, any necessary legal steps can be taken as quickly as possible. Furthermore, a specialised lawyer can also provide you with comprehensive support in the context of internal investigations, thereby ensuring that the clients receive sound legal support from the outset in order to counter possible risks in the most optimal manner.

Do you have questions about the Tip-Check or other whistleblowing topics?

Contact us.