Information for whistleblowers

Whistleblower protection consists in particular of:

1. the establishment of secure channels for reporting violations detected in the workplace 
2. ensuring the protection of the identity of the whistleblower and the confidentiality of the information reported and protecting the whistleblower from retaliation for reporting (e.g. termination of employment, reduction in personal allowance, transfer to another job, interference with the right to protection of personality, etc.) 
3. to protect the whistleblower from retaliation for making a report (e.g. termination of employment, reduction in personal allowance, transfer to another job, interference with the right to protection of personality, etc.) 
   
   If you report an infringement under the conditions set out below, you must not be disadvantaged or harmed in any way as a result!
   
   A whistleblower is a natural person who reports an unlawful act that has occurred or is about to occur to a person for whom the whistleblower, even indirectly, has performed or is performing work or other similar activity, or to a person with whom the whistleblower has been or is in contact in connection with the performance of work or other similar activity.   

Which infringements can be reported under the whistleblower protection scheme?

These are unlawful acts that have the characteristics of:

a/ a criminal offence
b/ an offence for which the law provides for a fine of at least CZK 100 000
c/ violates the ZOO
d/ violates another legal regulation or a regulation of the European Union in the field of:

• financial services, statutory audit and other assurance services, financial products and financial markets
• corporate income tax
• prevention of laundering of proceeds of crime and terrorism financing
• consumer protection
• compliance with product requirements, including product safety
• transport, transport and road safety
• protection of the environment
• food and feed safety and the protection of animals and their health
• radiation protection and nuclear safety
• competition, public auctions and public procurement
• protection of internal order and security, life and health
• protection of personal data, privacy and security of electronic communications networks and information systems
• the protection of the financial interests of the European Union
• the functioning of the internal market, including the protection of competition and State aid under European Union law.

What can never be reported: 

Certain types of legally protected information are excluded from reporting. For example, it is not possible to submit a notification containing information subject to legal professional secrecy (e.g. lawyer's secrecy) or medical professional secrecy; information that could immediately threaten the essential security interest of the Czech Republic and information on the activities of intelligence services. Furthermore, the notification may not include classified information and information the disclosure of which could obviously endanger ongoing criminal proceedings, as well as special information subject to protection under the law governing crisis management.

A person who submits a notification containing any of the above information is not only not protected under the PIA, but may be guilty of a misdemeanour, disciplinary offence or even a criminal offence!

A person who makes a notification without having reasonable grounds to believe that the notification is based on true information (knowingly false notification) is not protected within the meaning of the ZOO and also runs the risk of being penalised!

How can notifications be made?

The above-mentioned violations can be reported under the protected regime of the ZOO:

By reporting via the internal reporting system.
By notifying the Ministry of Justice
By publication, if the whistleblower meets the conditions:

1. He or she has made a notification through the internal notification system and to the Ministry or only to the Ministry and appropriate action has not been taken within the time limits set by this Act, in particular, the competent person has not assessed the reasonableness of the notification, the obliged entity has not taken other appropriate action to prevent or remedy the violation, or a Ministry employee has not assessed the notification
2. has reasonable grounds to believe that the unlawful conduct referred to in the notification may lead to an imminent or obvious threat to internal order or security, life or health, the environment or other public interest or to irreparable harm
3. has reasonable grounds to believe that, if the notification is made to the Department, there is a heightened risk, given the circumstances of the case, that he or another protected person will be subjected to retaliation or that the proper handling of the notification by the Department is compromisedNotification by publication therefore has its own specific rules and cannot be made in all cases. If you do so improperly, you run the risk of being sanctioned!