Compliance / whistleblower system

In addition to the staff currently employed by DFS, all persons who have obtained information about violations in the course of their work can make a report. These can be, for example: self-employed persons, employees of suppliers, shareholders, persons who belong to the administrative, management or supervisory bodies and also persons who are no longer or not yet in active employment with DFS at the time of reporting.

Anyone wishing to report a compliance violation can contact the DFS ombudsman's office. The lawyers Dr Rainer Buchert and Dr Caroline Jacob will handle any information confidentially and act on behalf of DFS.

Their duty of confidentiality as lawyers and their right to refuse to testify (privilege) provide whistleblowers with comprehensive and lasting protection. The use of this service is free of charge for whistleblowers.

The ombudspersons can be reached in person or by telephone. In addition, they can be contacted via a contact form on their firm's website or by e-mail.

Telephone: +49 (0)69 7103 3330 (Mon-Fri, 8:00-20:00 hrs)
Telephone: +49 (0)6105 921 355 (outside office hours)
E-mail: kanzlei@dr-buchert.de

Link to initial information for whistleblowers
https://www.ombudsperson-frankfurt.de/en/information/initial-information-for-informants/

Suspected cases of criminal offences (such as corruption, embezzlement, fraud, misappropriation or tax offences), similarly serious misconduct by DFS employees (offences subject to a fine) and other offences under the German Whistleblower Protection Act (HinSchG) can be reported.

Please note: The ombudspersons do not handle general complaints and do not forward reports that do not indicate a compliance violation to DFS.

DFS Deutsche Flugsicherung GmbH, as a State-owned enterprise entrusted with sovereign functions, bears a heavy responsibility. A loss of trust and reputation would thus be particularly damaging. This is why DFS is subject to stringent legal regulations which it must comply with – also with a view to its social responsibilities. DFS aligns its actions and those of its employees to this standard.

In addition to using the DFS whistleblower system, whistleblowers are free to contact the central, external reporting office at the German Federal Office of Justice (BfJ).

The ombudspersons receive any tips on compliance incidents while maintaining confidentiality and, after an initial examination, forward them to the authorised body in the DFS compliance organisation. DFS is responsible for initiating further steps and, if necessary, for taking follow-up measures.

The identity of the whistleblower will only be disclosed to the DFS units responsible for the further process if the whistleblower so requests and expressly agrees.

The protection of the person providing the information only applies if they made the report in good faith, i.e. if it was reasonable for them to assume that the information reported was true.

• Controller and contact information of the data protection officer
  The controller within the meaning of the GDPR (Art. 4(7))and other national data protection laws of the Member States as well as other data protection regulations is:
  
  DFS Deutsche Flugsicherung GmbH
  Headquarters
  Am DFS-Campus 10
  63225 Langen
  Germany
  
  CEO:
  Arndt Schoenemann (Chairman)
  
  The company's data protection officer is:
  Dr Frank Schury
  Am DFS-Campus 10
  63225 Langen
  Germany
  Telephone: +49 (0)6103 707-4220 and -4223 or 4227 (deputies)
  E-mail: datenschutzbeauftragter@dfs.de

• Legal basis and purpose for processing the data
  The purpose for processing the data you provide is to handle your report as part of our whistleblowing procedure. The legal basis is Article 6(1)(c) GDPR (legal obligation).
• Data recipient
  DFS Deutsche Flugsicherung GmbH is the data recipient, and at DFS it is the Compliance officer of DFS and the Compliance Office. The confidentiality of the identity is maintained in accordance with the HinSchG.
• Retention period of personal data
  After three years, we delete the personal data that we process as part of the procedure in accordance with Section 11 of the HinSchG, unless in exceptional cases other reasons for retention (such as ongoing proceedings) prevent deletion.
  
  

Your rights under the GDPR
You can exercise the data subject rights in accordance with Chapter 3 (Article 12 et seq.), provided that the relevant requirements of the GDPR apply. If you consider the processing of your personal data to be an infringement upon your rights, you may exercise your right to lodge a complaint with the responsible supervisory authority (Article 77).

The German Federal Commissioner for Data Protection and Freedom of Information (BfDI)
Graurheindorfer Str. 153, 53117 Bonn, Germany
Switchboard: +49 (0)228/997799-0
Central e-mail address: poststelle@bfdi.bund.de

External governmental reporting offices
Whistleblowers can also directly contact the external reporting offices of the German Federal Government at the Federal Office of Justice (BfJ), at the Federal Financial Supervisory Authority (BaFin) and at the Federal Cartel Office (BKartA) as well as any external reporting offices of the German States (Länder) if this falls under their competence. It should be noted that the investigation of the information provided by the whistleblower and the implementation of the requirements of the Whistleblower Protection Act (HinSchG) are in this case exclusively the responsibility of the external reporting office. DFS cannot accept any responsibility in this regard or guarantee protective measures.