can I engage an external investigator to investigate a report

Engaging an external bureau is permitted

Yes, engaging an external bureau or external investigator to examine a report is possible. The law does not stipulate that the follow-up to a report must be carried out exclusively by internal staff. What the law does establish is that the follow-up is carried out by an impartial person or department that is qualified to do so. An external party can fulfil that role, as long as the impartiality and diligence of the investigation are ensured.

In practice, an external investigator is often engaged precisely to strengthen that impartiality, for example when a report concerns actions by people within the organisation who would be too close to the investigation. This applies for example when a report concerns the conduct of the director themselves: then finding someone internally who can investigate impartially is often difficult, and outsourcing is the logical choice. External expertise can also be useful in more complex or sensitive matters. What does not change in this regard: responsibility for the procedure, the timelines and communication with the reporter remains with the employer, even if the actual investigation is carried out by a third party.

Where this follows from the Directive and the law

Article 9 of Directive (EU) 2019/1937 stipulates that follow-up to a report is carried out by an impartial person or department qualified to do so; this does not exclude an external service provider, as long as the diligence requirements are maintained. Article 2 of the Whistleblower Protection Act governs the organisation of the internal reporting procedure within which that follow-up takes place. What is important is that whoever carries out the investigation is bound by the confidentiality obligation regarding the identity of the reporter under Article 16 of the Directive — this applies to an external bureau just as much as to an internal handler. Those who wish to delve further into this can also read who may know who made the report.