Information for whistleblowers

The protection of whistleblowers consists mainly of:

1. creating secure channels for reporting illegal conduct detected in the workplace
2. ensuring the protection of the whistleblower's identity and the confidentiality of the information reported, and protecting the whistleblower from retaliatory measures for making a report (e.g., termination of employment, reduction of personal allowance, transfer to another job, interference with the right to protection of personality, etc.)
3. protecting the whistleblower from retaliation for filing a report (e.g., in the form of termination of employment, reduction of personal allowance, transfer to another job, interference with the right to protection of personality, etc.)

If you report illegal conduct under the conditions listed below, you must not be disadvantaged or harmed in any way in connection with this fact!

A whistleblower is a natural person who reports illegal conduct that has occurred or is about to occur at a person for whom the whistleblower, even indirectly, has performed or performs work or other similar activities, or at a person with whom the whistleblower has been or is in contact in connection with the performance of work or other similar activities.

What illegal activities can be reported under the whistleblower protection regime?

These are illegal activities that have the characteristics of:

a/ a criminal offense
b/ an offense for which the law stipulates a fine with an upper limit of at least CZK 100,000
c/ violates the ZOO
d/ violates other legal regulations or European Union regulations in the areas of:

• financial services, statutory audit and other assurance services, financial products and financial markets
• corporate income tax
• prevention of money laundering and terrorist financing
• consumer protection
• compliance with product requirements, including product safety
• transport, transportation, and road traffic safety
• environmental protection
• food and feed safety and animal protection and health
• radiation protection and nuclear safety
• economic 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
• protection of the financial interests of the European Union
• functioning of the internal market, including 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 report that contains information subject to legal (e.g., attorney-client privilege) or medical professional secrecy; information that could directly threaten the essential security interests of the Czech Republic; and information about the activities of intelligence services. Furthermore, reports must not contain classified information or information whose disclosure could clearly jeopardize ongoing criminal proceedings, as well as specific facts subject to protection under the law governing crisis management.

A person who submits a report containing any of the above information is not only not protected under the ZOO, but may also be guilty of a misdemeanor, disciplinary offense, or even a criminal offense!

A person who submits a report without having reasonable grounds to believe that the report is based on true information (knowingly false report) is not protected under the ZOO and also risks punishment!

How can reports be made?

The above-mentioned illegal activities can be reported in protected ZOO mode:

1. By reporting via the internal reporting system
2. By reporting to the Ministry of Justice
3. By publication, if the whistleblower meets the following conditions:
   
   1. they have submitted a report via the internal reporting system and to the ministry or only to the ministry, and no appropriate measures have been taken within the time limits set by this Act, in particular the relevant person has not assessed the merits of the report, the obligated entity has not taken other appropriate measures to prevent or remedy the illegal situation, or the ministry employee has not assessed the report
   
   2. has reasonable grounds to believe that the unlawful conduct referred to in the report may lead to an immediate or obvious threat to internal order or security, life or health, the environment or other public interests, or to irreparable harm
   
   3. has reasonable grounds to believe that, given the circumstances of the case, reporting the matter to the ministry would increase the risk of retaliation against him or her or another protected person, or would jeopardize the proper handling of the report by the ministry

Reporting by way of publication is therefore subject to specific rules and cannot be done in all cases. If you proceed with it without justification, you expose yourself to the risk of punishment!