Whistleblowing – notification system of our company

The notification shall contain information about a possible infringement that has occurred or is about to occur in relation to a person for whom the notifier, even indirectly, has performed or is performing work or other similar activity, or in relation to a person with whom the notifier has been or is in contact in connection with the performance of work or other similar activity, and which

1. has the elements of a criminal offence,
2. has the characteristics of a misdemeanour for which the law provides for a fine with an upper limit of at least CZK 100 000,
3. violates the Whistleblower Protection Act, or
4. violates another legal regulation or a regulation of the European Union in the field of
   1. financial services, statutory audit and other assurance services, financial products and financial markets,
   2. corporate income tax,
   3. the prevention of money laundering and terrorist financing,
   4. consumer protection,
   5. compliance with product requirements, including product safety,
   6. transport, transport and road safety,
   7. protection of the environment,
   8. food and feed safety and animal health,
   9. radiation protection and nuclear safety,
   10. competition, public auctions and public procurement,
   11. protection of internal order and security, life and health,
   12. protection of personal data, privacy and security of electronic communications networks and information systems,
   13. the protection of the financial interests of the European Union, or
   14. the functioning of the internal market, including the protection of competition and State aid under EU law. 

1. Protection shall be afforded to a whistleblower who notifies
   a. through an internal notification system,
   b. to the Ministry; or
   c. publicly, provided that
   1. 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 prescribed by this Act, in particular the relevant person has not assessed the validity of the notification, the obliged entity has not taken other appropriate action to prevent or remedy the unlawful condition, or a public servant 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; or
   3. has reasonable grounds to believe that, if the notification is made to the Department, there is an increased risk, given the circumstances of the case, that he or she or the person will be subjected to retaliation.
2. Protection from retaliation is also available to a person who has made a notification to a public authority competent under another legal provision or directly applicable European Union regulation.
3. Protection from reprisal shall not apply to a person who has made a notification without having reasonable grounds to believe that it is based on true information (hereinafter referred to as a 'knowingly false notification').

1. Notifications may be made orally or in writing through the internal notification system. If the notifier so requests, the competent person shall receive the notification in person within a reasonable time, but not later than 14 days from the date on which the notifier so requests.
2. The competent person shall notify the notifier in writing of the receipt of the notification referred to in paragraph 1 within 7 days of the date of receipt, unless 
   a. the notifier has expressly requested the competent person not to notify him or her of the receipt of the notification; or 
   b. it is clear that notification of the receipt of the notification would disclose the identity of the notifier to another person.
3. The competent person shall assess the validity of the notification and inform the notifier in writing of the results of the assessment within 30 days of the date of receipt of the notification. In cases of factual or legal complexity, this period may be extended by up to 30 days, but not more than twice. The competent person shall inform the notifier in writing of the extension of the time limit and the reasons for it before the expiry of the time limit. Paragraph 2 shall apply mutatis mutandis.
4. If, when assessing the validity of a notification, the competent person finds that it is not a notification under the Whistleblower Protection Act, he shall inform the notifier thereof in writing without undue delay.
5. If the notification is found to be justified, the competent person shall propose to the obliged entity measures to prevent or remedy the infringement. If the notification is made to the competent person of an obliged entity for which the notifier does not carry out work or other similar activity, the competent person shall propose remedial measures to the person for whom the notifier carries out work or other similar activity, unless the nature of the matter so excludes. If the obliged entity does not accept the measure proposed by the competent person, it shall take another appropriate measure to prevent or remedy the unlawful situation; this shall not apply if the measure is proposed to a person other than the obliged entity which designated the competent person. The measure taken shall be communicated without delay by the obliged entity to the competent person, who shall inform the notifier in writing without undue delay. Paragraph 2 shall apply mutatis mutandis.
6. If the notification is not considered to be justified, the competent person shall inform the notifier in writing without undue delay that, on the basis of the facts stated in the notification and the circumstances known to him, he does not suspect that an infringement has been committed, or that the notification is based on false information, and shall inform the notifier of his right to lodge a notification with a public authority.