Confidential Counselor
Origin and Legislation
The confidential counselor is .....
Origin and legal significance of the role of the confidential counselor
History, social development and current legal frameworks
The role of the confidential counselor - as a neutral and independent discussion and advisory figure - is essentially a modern social innovation, stemming from the need to provide people within organizations with a safe, accessible space to discuss difficulties, inappropriate behavior, and integrity issues.
While classic roles like the ombudsman emerged in the 19th century in countries like Sweden to protect citizens from government abuses, the role of the confidential counselor only developed within organizations and employment relationships in the second half of the 20th century. The confidential counselor acts as an internal or external, confidential process and discussion facilitator, focused on psychosocial safety and inappropriate behavior.
This development has no direct, centuries-old legal tradition, but arose from societal necessity: conflicts, unacceptable behavior, and psychosocial workloads require a safe, independently approachable official without a hierarchical position.
This role was later channeled into various regulations regarding working conditions and psychosocial risks.
While classic roles like the ombudsman emerged in the 19th century in countries like Sweden to protect citizens from government abuses, the role of the confidential counselor only developed within organizations and employment relationships in the second half of the 20th century. The confidential counselor acts as an internal or external, confidential process and discussion facilitator, focused on psychosocial safety and inappropriate behavior.
This development has no direct, centuries-old legal tradition, but arose from societal necessity: conflicts, unacceptable behavior, and psychosocial workloads require a safe, independently approachable official without a hierarchical position.
This role was later channeled into various regulations regarding working conditions and psychosocial risks.
The confidential counselor within Dutch regulations
In the Netherlands, the confidential counselor has so far primarily been included within the domain of occupational safety, psychosocial workload (PSW), and psychosocial risks.
Under the current Working Conditions Act (Arbowet), employers must implement a policy to prevent and mitigate psychosocial workload. This includes measures against undesirable behavior such as bullying, discrimination, aggression, and intimidation.
Policy practice recognizes that a confidential counselor plays a crucial role in implementing PWC policy: they offer employees easy access to a contact person for discussions about undesirable behavior, advise management on policy, and play an early warning and preventative role.
Important nuances:
In the Netherlands, the confidential counselor has so far primarily been included within the domain of occupational safety, psychosocial workload (PSW), and psychosocial risks.
Under the current Working Conditions Act (Arbowet), employers must implement a policy to prevent and mitigate psychosocial workload. This includes measures against undesirable behavior such as bullying, discrimination, aggression, and intimidation.
Policy practice recognizes that a confidential counselor plays a crucial role in implementing PWC policy: they offer employees easy access to a contact person for discussions about undesirable behavior, advise management on policy, and play an early warning and preventative role.
Important nuances:
- As of 2026, there is still no general legal obligation to appoint a confidential counselor: at this time, there is no fully established legal requirement; However, it appears almost certain, both politically and legally, that the Working Conditions Act will be amended in the near future to make this mandatory for an increasing number of organizations, particularly those with 10 or more employees.
- In this context, the confidential counselor must be able to operate independently and perform their work confidentially, without being disadvantaged or facing dismissal.
- Employers must explicitly address the role and accessibility of the confidential counselor in their PSA policy, but the precise legal obligations and criteria are still being developed.
Vertrauensperson (e.g. confidential counselor) in Germany
In Germany, there is no uniform, national legal requirement for confidential counselors, as proposed in the Netherlands, but in practice, the role is part of:
German organizations often choose a confidential counselors as part of their compliance and well-being policies. The term is widely used as a neutral, independent interlocutor for employees with psychosocial issues. Furthermore, in the public sector (for example, in the Bundeswehr), a statutory role of confidential counselor has existed for some time for specific groups, but this concerns different institutional contexts than the work-related confidential advisor.
In Germany, there is no uniform, national legal requirement for confidential counselors, as proposed in the Netherlands, but in practice, the role is part of:
- occupational safety policy based on the Arbeitsschutzgesetz (Labour Protection Act),
- integrity and personnel management structures within organizations,
- and specific sectoral agreements on psychosocial risks.
German organizations often choose a confidential counselors as part of their compliance and well-being policies. The term is widely used as a neutral, independent interlocutor for employees with psychosocial issues. Furthermore, in the public sector (for example, in the Bundeswehr), a statutory role of confidential counselor has existed for some time for specific groups, but this concerns different institutional contexts than the work-related confidential advisor.
Importance of confidential counselors in the modern work environment
The rise of the confidential counselor is not a coincidental development. It reflects a broader societal movement:
Organizations that take this role seriously demonstrate that they not only implement (pseudo-)legally mandated psychosocial risk management policies, but also value cultural care and professional psychosocial support.
The rise of the confidential counselor is not a coincidental development. It reflects a broader societal movement:
- toward psychological safety and psychosocial care within organizations,
- toward early intervention in conflict situations,
- toward embedding integrity and social responsibility,
- and toward professional development of psychosocial risks.
Organizations that take this role seriously demonstrate that they not only implement (pseudo-)legally mandated psychosocial risk management policies, but also value cultural care and professional psychosocial support.
Summary of the current legal status
Netherlands
Germany
Netherlands
- Confidential advisors are part of occupational health and safety and well-being (PSA) policies.
- A bill is in the works that will almost certainly make the role mandatory for many organizations.
- The confidential advisor must function independently and confidentially.
Germany
- The role of confidential advisors stems from employment and welfare structures, but there is no uniform national requirement.
- In practice, the role is used institutionally as an important psychosocial tool.
Finally
No one should feel unsafe or alone in their work or care environment. As an LVV-Certified Confidential Counselor, I offer a safe place where you can talk and work together to find a suitable way forward. You don't have to do it alone. Feel free to contact me.
No one should feel unsafe or alone in their work or care environment. As an LVV-Certified Confidential Counselor, I offer a safe place where you can talk and work together to find a suitable way forward. You don't have to do it alone. Feel free to contact me.