Aufsichtsratsmitglieder als Whistleblower

In German company law, the duty of confidentiality of supervisory board members is established as a basic principle and has been continuously tightened by the legislator. A violation is a criminal offence. At the same time, members of supervisory boards are now also to fall within the scope of the European Whistleblower Protection Directive.
This thesis balances the conflicting interests of the whistleblower's right and the duty of confidentiality in a way that is in line with the interests of the parties concerned by elaborating and implementing the intention of the Directive's legislator, interpreting the Directive and comparing it with the applicable law.