The European Union’s legislation requires economic operators to monitor EU infringements in their own sphere of activity. This is because it is the employees or partners of businesses who are the first to be informed of threats or harm to the public interest arising from breaches of EU law. Those who first become aware of such breaches play a key role in detecting and preventing them. However, those who report abuses are often deterred from speaking out for fear of reprisals. Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report infringements of EU law (Whistleblower Protection Directive) requires Member States to provide an adequate framework for reporting abuse and to ensure that whistleblowers are adequately protected. PRECIZ, s.r.o. operates a system for dealing with notifications pursuant to Act No. 171/2023 Coll., on the protection of whistleblowers.
Employees, interns and volunteers of the company can submit a report. The Company specifically excludes the following persons from reporting under the provisions of the Whistleblowing Act:
- persons working for the Company under a contract of employment as a self-employed person
- owners of the company and members of the company's governing bodies
- contractors, service providers, providers of construction work or other similar services
The report shall contain information about a possible violation 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 (described above), 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
(a) has the elements of a criminal offence,
(b) has the characteristics of an offence for which the law provides for a fine of at least CZK 100,000,
(c) violates the Whistleblowing Act, or
(d) infringes 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. safety of transport, conveyance and road traffic,
7. protection of the environment,
8. food and feed safety and protection of animals and their 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 Union2 ), or
14. the functioning of the internal market3 ), including the protection of competition and State aid under European Union law.
The notification must not contain information that would immediately threaten the fundamental security interests of the Czech Republic. Essential security interests means: - The sovereignty, territorial integrity and democratic foundations of the Czech Republic. - internal order and security, including critical infrastructure and public information systems, - the life or health of a large number of people. - public contracts in the field of defence and security (except where the European Union is the payer). - international protection obligations - major security operations - the combat capability of the armed forces of the Czech Republic Furthermore, the notification must not contain information on the activities of the secret services of the Czech Republic and official secrets.
The notification can be made orally (by telephone and, if the notifier so requests, in person) or in writing (via an online platform).
The Company will investigate the report within thirty (30) days of receipt. This time limit may be extended twice in justified cases, up to a maximum of ninety (90) days, with simultaneous notification to the notifying party if the case is complex. The Company will inform the whistleblower of the outcome of the investigation and the measures taken. The information shall not contain any personal data to which the whistleblower does not have access under applicable law.
A whistleblower acting in good faith may not be retaliated against for making a report, in particular by being dismissed from their employment for such a reason, by being given a negative performance appraisal, or by being subjected to coercion, intimidation or harassment. However, reporting in bad faith can have legal consequences. A report made in bad faith may constitute a violation of privacy rights, a tort or even a criminal offence.