Illegal Activity Reporting System
Find out what is behind the term 'Whistleblowing' and why you should care! Otherwise, the Whistleblower Protection Act does not have a long history in the Czech Republic, but the new legislation brings changes. This is an opportunity to move in the right direction.
Many employees are afraid to report wrongdoing because they don't know how to speak up, to maintain anonymity, or they fear the consequences, and sometimes they don't even know they should report something. Our company wants to remove these barriers.
The basis is transparent communication with whistleblowers and ensuring their anonymity. That is why we have introduced a secure Internal Notification System for submitting notifications of possible illegal actions in accordance with Act No. 171/2023 Coll., on the Protection of Whistleblowers.
It is an illegal act of a natural or legal person that the whistleblower learned about in connection with work or other similar activity performed for the company, which has occurred or is expected to occur, i.e. only actions that:
All notifications will be assessed objectively, impartially and confidentially by the relevant person Bc. Jana Opálková, economic director of the company, e-mail: oznameni@moraviastamping.com, mobile: +420 778 478 449.
Internally, we have issued an internal directive that sets out the rules for using the notification system. The aim is to define the exact procedure for submitting and processing notifications and to prevent abuse of this tool, while the company reserves the right to ignore, for example, vulgar suggestions.
Filing a notice is easy and you have several options to choose from:
If the Notifier submits the Notification in a way other than the one mentioned above, the company cannot guarantee, or exclude disclosure of the Notice and identity of the Notifier to employees or third parties other than the Relevant Person.
By submitting a Notification, the Notifier is not released from the obligation to notify the competent authority active in criminal proceedings of suspicions of the commission of criminal offenses for which there is a mandatory notification obligation according to § 368 of the Criminal Code.
The whistleblower can only be:
regardless of whether the person performs the relevant work for MORAVIA Stamping a.s. performed or performs, or applied for it (successfully or unsuccessfully). Other persons are excluded from the possibility of submitting a notification.
The content of the notification, the scope and quality of the information submitted can positively influence the way the notification is investigated. Therefore, the notification must contain minimum basic data, including the identification data of the notifier.
Legal notice content:
It is not possible to report knowingly false facts, such behavior may be sanctioned. A whistleblower who knowingly submits a false report is responsible for his actions towards the person affected by the report (employee, etc.), who may invoke claims from the right to the protection of personality, e.g. compensation for damage or unjust enrichment. The whistleblower may also be liable for committing a misdemeanor, in more serious cases a criminal offense (e.g. criminal defamation, false accusation). Filing a knowingly false report is an offense according to § 23 of Act No. 171/2023 Coll., on the protection of whistleblowers, for which a fine of up to 50,000 CZK can be imposed.
The company will also not deal with harassing (malicious) notices, notices containing derogatory terms or anonymous notices.
The whistleblower is guaranteed identity protection. Only the Relevant Person has access to notifications. The whistleblower and other affected persons are protected against retaliation.
Retaliation is the conduct of MORAVIA Stamping a.s. or its omission in connection with the whistleblower's work with the Company, which was caused solely in response to the notification made and which may cause harm to the whistleblower or other protected data subjects; when these conditions are met, the retaliatory measure is in particular:
In addition to the whistleblower, other protected affected persons cannot be subjected to retaliation, i.e.:
A measure that is based on honest and legitimate reasons of MORAVIA Stamping a.s., which is not related to the submitted notification, but which may nevertheless cause harm to the notifier or the protected persons concerned, is not considered a retaliatory measure.
However, protection cannot be granted to a person who knowingly submitted a false report and did not act in good faith, but with the intention of harming MORAVIA Stamping a.s. or the person against whom the report is directed.
The notifier is also entitled to submit a Notification through the external notification system managed by the Ministry of Justice https://oznamovatel.justice.cz, or to submit a notification directly to the relevant public authority that has supervisory authority in the matter.
https://oznamovatel.justice.czWhen processing personal data in connection with the submission of a notification, the company as administrator will proceed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (GDPR) and Act. No. 110/2019 Coll., on the processing of personal data, and other generally binding legal regulations of the Czech Republic regarding the protection of personal data.
More information can be found in Act No. 171/2023 Coll., on the protection of whistleblowers