Art. 2 (2) - Extension of material scope beyond EU law
According to the draft law, the law applies in case of notification of a violation that became known through professional activity, except for:
1) in the event of a violation of the legal regulations governing employment relations and other work regulations, in the case of a bilateral dispute;
2) in the field of national defense, security, and state secrets and classified foreign information, if it conflicts with the distinctions provided in legislation regulating national defense, security, and state secrets and classified foreign information;
3) in criminal proceedings, if it contradicts the provisions of the Code of Criminal Procedure;
4) in the professional activity of a lawyer, if it is in conflict with the specifics of keeping a lawyer’s professional secrecy provided for in § 45 of the Bar Association Act;
5) in the professional activities of the health care service provider and the persons participating in the health care service provision, if it conflicts with the specifics of the confidentiality obligation of health care service providers provided for in § 768 of the Law of Obligations Act.
Art. 4 (1) - Extension of personal scope (protected person)
Yes, a person receiving an athlete allowance has been added.
Art. 6 (2) - Acceptance of anonymous reports
There’s a legal obligations in all three categories.
Art. 7 (2) - Encouraging internal reporting
There are no such specific incentives /mechanisms.
Art. 8 (7) - Obligation for legal entities in the private sector with less than 50 workers
No. There is no such obligation.
Art. 8 (9) second subparagraph - Exemption for municipalities with fewer than 10.000 inhabitants / fewer than 50 workers / other entities with fewer than 50 workers
There is no such obligation.
Art. 8 (9) Third subparagraph - Shared internal reporting channels for municipalities
According to draft, shared internal reporting channels are allowed, but the draft does not specify further details of those channels.
Art. 11 (1) - Authorities competent to receive external reports
This is not specified in the draft.
Art. 11 (3) first sentence - Competence of authorities to decide on the minority of external reports
Art. 11 (4) first sentence - Competence of authorities to decide on closing procedures regarding repetitive external reports
Art. 11 (5) - Competence of authorities to handle particular external reports with priority
Art. 20 (2) - Financial assistance and support measures for reporting persons
Art. 21 (1) first sentence - Protection measures against retaliation
In the case of notification of a violation on the grounds provided by law, a whistleblowe shall not be liable for the legal consequences arising from the disclosure of information, if he had reasonable grounds to believe that the disclosure of information was necessary to reveal the violation, unless such disclosure of information is punishable as a crime. In the same circumstances, disclosure of a trade secret is considered legal. A whistleblower is not responsible for obtaining access to information to report a breach, unless such access is punishable by an offence.
Art. 23 (1) - Penalties
(a) hinder or attempt to hinder reporting: natural person up to 300 fine units (1 fine unit = 4 euros); legal persons up to 400 000 euros;
(b) retaliate against reporting person: natural person up to 300 fine units (1 fine unit = 4 euros); legal persons up to 400 000 euros;
(c) persons bringing vexatious proceedings against reporting person: natural person up to 300 fine units (1 fine unit = 4 euros); legal persons up to 400 000 euros;
(d) breach the duty of maintaining the confidentiality of reporting persons: natural person up to 300 fine units (1 fine unit = 4 euros); legal persons up to 400 000 euros.
Art. 23 (2) first sentence - Penalties for false reporting
Up to 300 fine units (1 fine unit = 4 euros) is the penalty.
Art. 25 (1) - Further national rights of reporting persons
There are no such further rights.