Whistleblowing and the internal whistleblowing system

Whistleblowing and the internal whistleblowing system
 
With this document we would like to inform all employees about the entry into force of Act No. 171/2023 Coll., on Whistleblower Protection (hereinafter referred to as "the Act").
 
What is meant by the term whistleblowing?
Whistleblower protection or whistleblowing is a term derived from the sports environment from the phrase "to blow the whistle". In a figurative sense, it means to give notice that one is not playing by the rules.
 
Internal whistleblowing system
Under Section 8, the Act requires selected entities to establish an internal reporting system. The internal notification system is a set of procedures and tools for receiving and handling notifications, protecting the identity of the notifier and other persons, protecting the information contained in the notification and communicating with the notifier.
 
Whistleblower
A whistleblower can be any natural person in an employment or similar relationship with an employer. The whistleblower must have become aware of the conduct being reported in connection with the performance of work for the employer. The report must fall within one of the areas defined by the Act.
 
According to the Act, work or other similar activity means:

• employment
• service,
• self-employment,
• the exercise of rights associated with participation in a legal person,
• exercise of the functions of a member of a body of a legal person who is elected, appointed or otherwise called to office (an "elected body"),
• administration of a trust fund,
• volunteer activities,
• professional practice, internship, or
• the exercise of rights and obligations under a contract for the provision of supplies, services, works or other similar services.
• applying for a job or other similar activity.

 
Substantive jurisdiction
The scope of the Whistleblower Protection Act is defined by a list of 14 areas. Outside the defined areas, it is possible to report criminal offenses, violations of the Whistleblower Protection Act, and offenses for which a fine of at least 100,000 CZK can be imposed." 
 
The areas falling within the subject matter of the law are defined as:
 

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 European Union law.

 
Methods of submitting reports to the relevant person ('investigator')
Whistleblowers submit their reports to the relevant person through a secure internal reporting system. The report must include information such as the first name, last name, and date of birth, as well as contact details or other information from which the identity of the whistleblower can be inferred."
 
The competent person has been appointed:
 
Ing. Petr Štětka
Tel: +420 734 647 701
E-mail: oznameni@moore-czech.cz 
Notifiers are obliged to submit their notifications via the internal notification system:

1. Using an application https://www.easywhistle.cz/ to which the notifier logs in using the code 10f7db, which identifies the employer. The notifier then fills in the relevant identification data and the text of the notification itself; 
   1. WARNING: The application may not be supported by all browsers. If none of the browsers work, please contact the appropriate person.
2. in writing to the employer's address at Moore Czech Republic s.r.o., Karolinská 661/4, 186 00 Rohanský ostrov;
3. or by phone at +420 734 647 701 - Monday to Friday from 9:00 to 15:00
4. or personally, if the whistleblower requests it

 
Written correspondence (letter) within the meaning of paragraph (3) of this Article shall be marked "NOTICE" or "WISTLEBLOWING" on the part of the whistleblower. He shall then identify his employer in the notice itself.
 
Whistleblower protection ensures defense against retaliatory measures if whistleblowers had reasonable grounds to believe that the reported information about a violation was true at the time of reporting (i.e., the whistleblower must not knowingly make a false report) and that this information fell within the scope of the law. If a whistleblower knowingly makes a false report, they commit an offense that may result in a penalty of up to 50,000 CZK.