In Germany, a new criminal offense of improper lobbying came into force on 18 June 2024. Its impact on the lobbying activities of companies may not be underestimated. Amongst others, the practice of paid lobbying at ministries or other public bodies by mandate holders is now subject to criminal prosecution. It will hence be vital for companies to critically review lecture and consultancy fees for mandate holders as well as remuneration for supervisory board positions and managing director activities for their appropriateness with immediate effect.

The German Whistleblower Protection Act was (finally) passed on 12 May 2023, after several attempts, following final amendments proposed by the Mediation Committee on 9 May 2023, which have now been accepted by the Federal Parliament (Bundestag) and the Federal Council (Bundesrat). The long overdue law serves to implement the European Whistleblower Directive (Directive (EU) 2019/1937), which actually provided for an implementation deadline of December 2021. The law will now come into force in mid-June 2023.