Czech Republic

The Act protects employees, job applicants, interns, volunteers, self-employed persons, shareholders, members of management and supervisory bodies, and contractors in connection with their work-related activities, as long as they report breaches in good faith.

No. The Act does not require the acceptance of anonymous reports. However, entities may decide to process anonymous reports voluntarily. The legal protection of whistleblowers applies only once their identity is disclosed.

The Czech Whistleblower Protection Act, effective from August 1, 2023, mandates that organizations with 50 or more employees establish internal reporting channels. While the Act does not explicitly prioritize internal over external reporting, it requires employers to inform employees about both internal and external reporting options. This approach aligns with the EU Directive’s encouragement of internal reporting when breaches can be effectively addressed internally and without risk of retaliation.

No. As of August 1, 2023, the Czech Whistleblower Protection Act mandates that private sector entities with 50 or more employees establish internal reporting channels. Additionally, certain entities, regardless of employee count, are required to implement these channels. These include organizations operating in the financial sector, such as insurance and reinsurance companies, investment companies, and self-managed investment funds.

Yes. The Czech Whistleblower Protection Act (effective August 1, 2023) aligns with the Czech Public Procurement Act, requiring public bodies, including municipalities, to establish internal reporting channels.
However, municipalities with fewer than 10,000 inhabitants and public non-commercial institutions with fewer than 50 employees are exempt from this requirement, consistent with the EU Directive.

Yes. Under the Czech Whistleblower Protection Act, effective from August 1, 2023, companies with up to 249 employees can share internal reporting channels. Companies with up to 249 employees can share internal reporting channels. Municipalities that are obliged entities can also share these channels, including within voluntary municipal associations, under § 8 and § 46 of Act No. 128/2000 Sb. on Municipalities.

The Ministry of Justice (Ministerstvo spravedlnosti ČR) is the central competent authority responsible for handling external reports. It maintains a secure reporting system and provides guidance on whistleblowing procedures. More details are available at www.justice.cz.

Yes. Under § 17 of the Czech Whistleblower Protection Act, authorities can dismiss minor or unjustified reports and must inform the notifier in writing. The whistleblower retains the right to report to public authorities.

No, the Czech Whistleblower Protection Act, effective from August 1, 2023, does not explicitly address the handling of repetitive whistleblowing reports. However, the Act allows designated persons within organizations to assess reports and determine their validity. If a report is found to lack sufficient grounds or is based on false information, the designated person can inform the whistleblower accordingly and advise them of their right to submit the notification to a public authority. This mechanism provides a framework for managing repetitive or unfounded reports, ensuring that resources are focused on legitimate concerns.

No, the Czech Whistleblower Protection Act does not explicitly provide for the prioritization of serious breaches in case of a high volume of reports. Instead, the law requires the “”appointed person”” to act without unnecessary delay in all cases.
This aligns with the Act’s general requirements for timely processing of reports, ensuring that all notifications are handled efficiently, but without prioritization based on severity.

The Czech Whistleblower Protection Act, effective from August 1, 2023, does not explicitly provide for financial assistance or psychological support for whistleblowers during legal proceedings. The Act focuses on establishing internal reporting channels and protecting whistleblowers from retaliation but does not mandate specific support measures. However, organizations may voluntarily offer support services, and external entities, such as non-governmental organizations, might provide assistance to whistleblowers. It’s advisable for individuals to seek legal counsel to understand available support options.

The Czech Whistleblower Protection Act includes measures to protect individuals against retaliation, in line with Article 4 of the EU Directive. The Act prohibits any form of retaliation against whistleblowers, such as termination of employment, demotion, or other discriminatory actions. It also mandates the establishment of internal reporting channels and procedures to ensure the confidentiality of the whistleblower’s identity and the proper handling of reports. Employers are required to inform employees about these procedures and the protections available to them. Non-compliance with these obligations can result in fines of up to CZK 1,000,000.

a) Hindering or attempting to hinder reporting: Fines up to CZK 1,000,000 (approx. €40,000).
b) Retaliating against a reporting person: Fines up to CZK 1,000,000 (approx. €40,000).
c) Bringing vexatious proceedings against a reporting person: Fines up to CZK 1,000,000 (approx. €40,000).
d) Breaching the duty of maintaining the confidentiality of reporting persons: Fines up to CZK 100,000 (approx. €4,000).

Under § 23 of the Czech Whistleblower Protection Act, the penalty for intentionally false reporting is up to 50,000 CZK (approx. 2,000 €).

The Czech Whistleblower Protection Act aligns closely with the EU Directive and does not provide additional protections beyond those mandated by the Directive.