Section 53 GwG – Reports of contraventions

(1) 1The supervisory authorities are required to establish a system for receiving reports of potential or actual contraventions of this Act, statutory instruments adopted on the basis of this Act and other provisions intended to prevent money laundering and terrorist financing which the supervisory authority has the function of ensuring compliance with or punishing contraventions of. 2The system must enable reports to be submitted via a protected communication channel. 3The reports may be filed anonymously.
(2) The supervisory authorities are entitled to process personal data for this purpose, to the extent necessary to perform their functions.
(3) 1The supervisory authorities only disclose the identity of a person who has filed a report if they have previously obtained the explicit approval of the person. 2They do not reveal the identity of a person who is the subject of a report. 3Sentences 1 and 2 do not apply if

  1. the disclosure of information is necessary in the context of further investigations or of subsequent administrative or judicial proceedings on the basis of an Act or
  2. it is ordered by a court decision or in judicial proceedings that the information be revealed.
    (4) The Freedom of Information Act (Informationsfreiheitsgesetz) does not apply to cases under this provision.
    (5) 1Staff employed by companies or persons that are subject to the supervision of the competent supervisory authorities under subsection (1) or by other companies or persons to which activities have been outsourced by supervised companies or persons and who file a report under subsection (1) must not be held liable, either by provisions of labour law or by provisions of criminal law, nor must they be held liable for damages or otherwise discriminated against. 2Sentence 1 does not apply if a false report has been filed with wilful intent or gross negligence.
    (5a) 1Staff within the meaning of subsection (5) who suffer discrimination in connection with their employment relationship, contrary to the ban on discrimination in subsection (5), because they have submitted a report in accordance with subsection (1) are entitled to file a complaint with the competent supervisory authority. 2The complaint procedure does not affect recourse to the courts. 3The complainant is able to use the protected communication channel under subsection (1) sentence 2 to submit the complaint under sentence 1.
    (6) 1The right to file reports under subsection (1) must not be contractually restricted for staff who are employed by
  3. companies or persons who are subject to supervision by the supervisory authorities under subsection (1) or
  1. other companies or persons to whom activities of supervised companies or persons have been outsourced.
    2Agreements conflicting with the above are invalid.
    (7) Establishing and maintaining the system for receiving reports of contraventions does not affect the rights of a person who is the subject of a report, in particular the rights specified in
  2. sections 28 and 29 of the Administrative Procedure Act (Verwaltungsverfahrensgesetz),
  3. sections 68 to 71 of the Rules of the Administrative Courts (Verwaltungsgerichtsordnung) and
  4. sections 137, 140, 141 and 147 of the Code of Criminal Procedure.