3P Services GmbH & Co KG is committed to effective compliance. Compliance means adherence to the law and the internal rules of 3P Services GmbH & Co. KG as well as the creation of structures so that 3P Services GmbH & Co. KG, 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 3P Services GmbH & Co. KG.
Why has 3P Services GmbH & Co. KG appointed a Compliance Ombudsperson?
Your information helps us to counteract violations of applicable law or internal guidelines of 3P Services GmbH & Co. KG at an early stage and to avert damage to our employees, business partners, third parties and 3P Services GmbH & Co. KG. For this reason, 3P Services GmbH & Co. KG has appointed a Compliance Ombudsperson to whom employees, business partners and third parties can turn to as an external and independent point of contact if they have sufficient reason to believe that there have been violations of applicable law or internal regulations of 3P Services GmbH & Co KG.
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. Good faith is deemed to exist if the whistleblower assumes at the time of reporting that the information he or she has provided is true.
How do I issue a notice?
Please inform the Compliance Ombudsperson,
- at which company or part of the company
- what
- when
- where
- with which parties
has happened.
Relevant for the Compliance Ombudsperson are indications of possible violations of applicable law or internal regulations of 3P Services GmbH & Co.
The compliance ombudsperson is also interested in finding out which other persons – who may not be involved in the specific processes – have knowledge of this and whether there are any documents (e.g. emails, photos) relating to this.
Please check carefully whether the information you are providing is correct before providing it. In particular, you must not provide any information that you know to be false.
Please also let the Compliance Ombudsperson know how they can contact you in the event of 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, the assessment and/or the procedure, you can talk to the Compliance Ombudsperson about the case beforehand – anonymously if you wish – and 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 3P Services GmbH & Co. KG is also treated confidentially and protected. The person providing the information may request that Dr. Dilling does not disclose their identity to 3P Services GmbH & Co KG.
Is the protection of identity absolute?
No, it’s not.
On the one hand, Section 9 (2) of the Whistleblower Protection Act provides for exceptions to confidentiality which, for example, allows the identity of a whistleblower to be passed on to a law enforcement authority if this is requested. Section 9 of the Whistleblower Protection Act is expressly referred to.
On the other hand, only those persons enjoy confidentiality protection who are acting in good faith, i.e. who do not intentionally or grossly negligently transmit false information. Good faith can be assumed if the whistleblower assumes at the time of reporting that the information 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 3P Services GmbH & Co. KG 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 disclose my identity when I give a tip?
Upon request, the whistleblowers remain anonymous. Whistleblowers may also request that the Compliance Ombudsperson does not pass on information that could reveal their identity to 3P Services GmbH & Co. KG.
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 3P Services GmbH & Co. KG and the Compliance Ombudsperson. Nevertheless, the Compliance Ombudsperson acts impartially and is not bound by instructions from 3P Services GmbH & Co KG. As a lawyer, Dr. Johannes Dilling is obliged by law to maintain confidentiality.
What happens to the note?
The Compliance Ombudsperson will provide feedback within 24 hours that the report has been received. The Compliance Ombudsperson will process the tip-off and pass it on confidentially to the HR department of 3P Services GmbH & Co. The HR department decides with the management of 3P Services GmbH & Co. KG how to deal with the report. If there are sufficiently concrete reasons for suspicion of legal or policy violations, these will be investigated internally in order to clarify and remedy any 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 do I contact the Compliance Ombudsperson?
You can contact the Compliance Ombudsperson in any conceivable way (by telephone, e-mail, fax, post or via the whistleblowing system www.safewhistle.info). The Compliance Ombudsperson is also available for face-to-face meetings with whistleblowers , including 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:
The contact details are as follows:
Attorney Dr. Johannes Dilling
Landgrafenstraße 49
50931 Köln
Phone: +49 (0) 221 933 107 40
Mobile: +40 (0) 163 347 6111
Fax: +49 (0) 221 933 107 42
Threema-ID: 3PX6278J
Externe 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
Bundesamt für Justiz, Adenauerallee 99 – 103, 53113 Bonn.
Information on the registration procedure at the Federal Office of Justice, to which reference is made in accordance with § 24 Para. 4 S. 1, 2 HinSchG, can be found here:
https://www.bundesjustizamt.de/DE/MeldestelledesBundes/MeldestelledesBundes.html
The online registration procedure can be found under the following link:
https://www.bundesjustizamt.de/DE/MeldestelledesBundes/MeldestelledesBundes_node.html
- Federal Financial Supervisory Authority (BaFin)
The responsible external reporting office for reports in accordance with § 21 No. 1 and No. 2 HinSchG is the
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin), Graurheindorfer Straße 108, 53117 Bonn
Information on the notification procedure of the Federal Financial Supervisory Authority, to which reference is made in accordance with Section 24 (4) sentences 1, 2 HinSchG, can be found here:
https://www.bafin.de/DE/DieBaFin/Hinweisgeberstelle/hinweisgeberstelle_node.html
The online registration procedure can be found under 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 notifications pursuant to Section 22 (1) HinSchG is the
Bundeskartellamt, Kaiser-Friedrich-Straße 16, 53113 Bonn
Violations can be reported at any time, regardless of the outcome of a procedure via an internal report.
Information on the Bundeskartellamt’s notification procedure, to which reference is made in accordance with Section 24 (4) sentences 1, 2 HinSchG, can be found here:
https://www.bundeskartellamt.de/DE/Aufgaben/Kartelle/HinschG/HinschG.html
The online registration procedure can be found under the following link:
https://www.bkms-system.net/bkwebanon/report/channels?id=bkarta&language=ger
- European Anti-Fraud Office
In addition, whistleblowers can report possible cases of fraud or other serious irregularities with potentially negative consequences for EU funds to the European Anti-Fraud Office (OLAF), anonymously if they wish:
Europäische Kommission – Europäisches Amt für Betrugsbekämpfung (OLAF) – 1049 Brüssel
Information on the reporting procedure to the European Anti-Fraud Office, to which reference is made in accordance with Section 24 (4) sentence 1, 2 HinSchG, and the online reporting procedure can be found here: