The confidential lawyer takes over the confidential communication of grievances, breaches of laws and rules in the company. The overriding goal is to prevent harm to employees, customers, business partners and the company.
Active or former employees of PURIMA GmbH & Co. KG as well as business partners such as sales partners, customers or suppliers can also contact an external confidential lawyer in confidence (anonymously if desired) with information in addition to internal channels.
In situations where employees do not wish to turn to their supervisor or other persons within PURIMA GmbH & Co. KG, from 01.08.2022 there will be the alternative of contacting a lawyer of confidence.
Dr. Carsten Thiel von Herff, LL.M.
Fon: +49 521 557 333 0
Mobil: +49 151 58230321
A NOTICE: The attorney of confidence is not responsible for customer complaints. Please use the contact form.
Employees have the right to point out circumstances that indicate a violation of laws or internal rules. The confidential lawyer takes these tips. It provides a legally protected and confidential area outside the company. He/she shall inform the whistleblower of his/her rights and of the further procedure. Only with the consent of the whistleblower will the lawyer of confidence forward the tip to his or her contact person in the company.
The attorney of confidence may be involved in the process as a confidant. He is available to the whistleblower as a contact person at any time.
All employees and external parties, such as suppliers or service providers, can contact the shop steward.
The Ombudsman receives tips on violations of the law and internal violations. The main objective is the investigation and prevention of economic crimes, accounting crimes and asset misappropriation. However, any violations of the Code of Conduct, e.g. discrimination, can also be reported.
Yes. The whistleblower alone decides what information he or she will give to the lawyer of confidence and what information the lawyer of confidence should pass on to the company in the second step. Only in the case of misuse, i.e. in the case of intentionally false tips, is the confidential counsellor authorized to pass on information even against the will of the whistleblower. The lawyer of confidence will clarify this at the first contact.
No, the lawyer of confidence can be used by anyone free of charge.
Yes, whistleblowers can also contact the confidential counsellor anonymously. This is true from the very first contact with the trusted lawyer. If desired, the lawyer of confidence will subsequently maintain the anonymity of the whistleblower vis-à-vis the company.
The information will be investigated in compliance with the law and internal rules and in consideration of the interests of all parties involved. For this purpose, the lawyer of confidence forwards the tip to his contact person in the company after prior examination.
The responsible body, for example the data protection officer, conducts the investigation. Insofar as the reference is plausible, there is a duty to investigate. The competent body shall decide on the manner of proceeding, taking into account the interests of all parties involved. This includes deciding when the supervisor or management may be involved.
The whistleblower can obtain information on the status of the case from the attorney of confidence at any time. The whistleblower shall be informed of the initiation of an investigation and at least of the conclusion of the case by the lawyer of confidence to the extent permitted by law.
No, the confidential counsel may not represent a whistleblower in any administrative or judicial proceeding. Therefore, the lawyer of confidence cannot and must not initiate any steps to enforce the whistleblower’s individual rights or claims in court.
Yes. The lawyer of confidence shall act as an independent and autonomous lawyer and shall not be subject to any instructions by the company with regard to the substantive treatment of the matter. The lawyer of confidence shall decide on the basis of his own dutiful examination whether and to what extent he may pass on to the company a matter submitted to him.
The first contact can be made through the published channels (including telephone, e-mail, SMS, mail, platform www.report-tvh.de ) or also in a personal conversation.
Yes. Each employee continues to have his or her supervisor, the works council, the legal department and, of course, the management as contacts.
Yes. The whistleblower is protected. Any retaliatory action directed against the whistleblower will not be tolerated.
Despite repeated skepticism, cases of denunciation of the appointment of a trusted lawyer are very rare. Nevertheless, at the beginning of the interview, the lawyer of confidence informs the whistleblower that abuse of the whistleblowing system will not be tolerated and that in the event of intentional, i.e. knowing, abuse, the lawyer of confidence is obliged to pass on the whistleblower’s personal details to the company. In any case, employees face disciplinary consequences for intentional misuse of whistleblowing.
The attorney of confidence shall ensure compliance with the statutory retention obligations and the provisions of data protection law. The personal data collected is limited to information on the identity of the whistleblower and the person(s) concerned. The company’s data protection officer regularly checks the data protection conformity of the notice management system.
No. The presumption of innocence applies. Every tip-off is followed up in compliance with the law and internal rules and in consideration of the interests of all parties involved. Only after the process has been completed will a decision be made on possible measures.
Insofar as the tip-off was given in good faith, i.e. not intentionally false, the whistleblower need not fear any consequences.
No, the use of the lawyer of confidence is voluntary. It has been established as an additional point of contact.
Yes. It is possible at any time to visit the lawyer of confidence in person and to have a confidential conversation.
Yes. At the latest after completion of the process, the whistleblower will be informed of the result by the lawyer of confidence to the extent legally permissible.
No. Should the lawyer of confidence be questioned as a witness in criminal, civil or other proceedings, he will only disclose the name and identity of the whistleblower seeking advice if he has been expressly permitted to do so by both the company and the whistleblower.
Yes. The confidential lawyer can initially be contacted in complete confidence. The confidential counsellor shall inform the whistleblower of his or her rights at the beginning of the interview. Only at the end of the conversation does the whistleblower then decide whether and in what form the information should be passed on to the company.
The lawyer of confidence can also be contacted if the whistleblower has committed a criminal offense himself. On the one hand, the lawyer of confidence can inform the whistleblower of his or her rights, and on the other hand, a voluntary disclosure is viewed positively in the context of the existing employment relationship and can have a mitigating effect on punishment in possible later court proceedings.
No. Only in narrowly defined exceptional cases of truly serious criminal offenses does anyone have a duty to pass on a tip about a criminal offense to a public prosecutor’s office.
In this case, the confidential counsellor may contact the company’s management directly.
This cannot be answered in a general way. There are leads that can be finalized within a few hours. In the case of extensive investigations, processing can take several weeks.