Identity protection and confidentiality

The BLE is aware that information on unfair trading practices is highly sensitive.

Suppliers affected by unfair trading practices usually face buyers who have more power in the market and on whom they are economically dependent. Therefore, they may fear negative consequences if they contact the BLE with a complaint or information. Other persons who are aware of possible violations of the prohibition of unfair trading practices may also be reluctant to share their knowledge with the BLE for fear of personal disadvantage.

The BLE is aware of these fears and concerns. Its overriding principle as an enforcement authority is therefore to protect the identity and sensitive information of the individuals who confide in it.

This means, for example, that the BLE will not grant the buyer in question or third parties access to those parts of the file that a complainant has designated as requiring protection. Even though the BLE knows his or her identity, it will keep all parts of the file that allow conclusions to be drawn about his or her identity under lock and key. However, this non-disclosure may result in the buyer in question not being able to defend themselves adequately against the allegations made against them. Even in such a case, however, the BLE will not disclose sensitive information to the buyer against the complainant’s will. Rather, in such a situation, the BLE will contact the complainant and ask them to explain within a reasonable period of time whether the confidential information cannot be disclosed to the buyer after all, so that the proceedings can be continued. If he or she does not agree to the disclosure, the BLE will discontinue the procedure (Section 26 (2) AgrarOLkG). In effect, that means that the BLE will in no case disclose information that a complainant has declared to require protection against his or her will.

On top of this, the BLE has set up an anonymous tip-off system. Technical tracing of tips received via this system is impossible. The system meets the highest data protection requirements and is certified accordingly. The system has been used for years by authorities (e.g. police authorities, state criminal investigation offices, Federal Cartel Office) and by well-known companies (e.g. in the fight against corruption).

For further information on identity protection please refer to Submitting anonymous tips und Filing a complaint.