Filing a Notification Under The Whistleblower Protection Act

The Moravian-Silesian Region, with its registered office at 28. října 2771/117, 702 00 Ostrava, ID No. 70890692, as the obliged entity pursuant to Act No. 171/2023 Coll., on the Protection of Whistleblowers (hereinafter referred to as the Whistleblower Protection Act), informs about the basic rules and principles based on which it is possible to file notifications of a breach of legislation on whistleblower protection.

Basic information on filing a notification under the Whistleblower Protection Act, including whistleblower rights

1. The notification shall contain information about a possible breach which has occurred or is about to occur in relation to a person for whom the whistleblower, even indirectly, has performed or performs work or other similar activity, or in relation to a person with whom the whistleblower has been or is in contact in connection with the performance of work or other similar activity, and which:
   1. displays the characteristics of a criminal offence,
   2. displays the characteristics of a misdemeanor, or which the law stipulates a fine, the upper limit of which is at least CZK 100,000,
   3. breaches the Whistleblower Protection Act, or
   4. breaches any other legislation or European Union regulation in the field of:
      • financial services, due diligence and other assurance services, financial products and financial markets,
      • corporate income tax,
      • prevention of money laundering and terrorist financing,
      • consumer protection,
      • compliance with product requirements, including product safety,
      • transport, traffic and road safety,
      • environmental protection,
      • food and feed safety and animal health and protection,
      • radiation protection and nuclear safety,
      • economic competition, public auctions and public procurement,
      • protection of internal order and security, life and health,
      • protection of personal data, privacy and security of electronic communications networks and information systems,
      • protection of the financial interests of the European Union, or
      • functioning of the internal market, including the protection of competition and state aid under European Union law.
2. A whistleblower who has reasonable cause to believe that an illegal act or other violation of duties within the scope of the Whistleblower Protection Act is occurring within the organisation in which they are employed has the opportunity to report such conduct in good faith without any fear of retaliation. The whistleblower has the right to file a notification only if they have become aware of the fact in connection with the performance of work or other similar activity.
3. In accordance with Section 9(2)(a) of the Whistleblower Protection Act, the Moravian-Silesian Region, as the obliged entity under this Act, reserves the right to refuse to accept a notification from a whistleblower who performs for the obliged entity:
   1. work within self-employment,
   2. exercise of rights associated with participation in a legal entity,
   3. discharge of the office as a member of a legal entity’s body,
   4. tasks within the scope of the activities of the legal entity, in its interest, on its behalf or to its account,
   5. administration of a trust fund, or
   6. exercise of rights and obligations arising from a contract, the subject of which is the provision of deliveries, services, construction work or other similar performance.
   No notification will be accepted from the persons listed under letters (a) - (f)!
4. The whistleblower has the first choice of using the employer’s internal notification system, the external notification system of the Ministry of Justice, or making the notification via the publication procedure. It is recommended to use the publication procedure only after unsuccessful processing of the notification submitted through the notification channels referred to in the previous sentence. Further information about the publication procedure is provided in Section 7(1)(c) of the Whistleblower Protection Act.
5. A whistleblower is entitled to protection if they have filed a notification through the employer’s internal notification system, the external notification system of the Ministry of Justice or via the publication procedure. The whistleblower and those referred to in Section 4(2) of the Whistleblower Protection Act are guaranteed the maximum possible level of protection against retaliation, in particular ensuring anonymity and ensuring the confidentiality of the information contained in the notification.
6. The whistleblower has the right to be notified in writing of the receipt of the notification within 7 days from its receipt by the obliged entity.
7. The whistleblower has the right to be informed in writing of the outcome of the assessment of the submitted notification and the proposed measures, if the notification has been found to be justified, within 30 days of the filing the notification. The obligation to inform the whistleblower under the preceding sentence also applies to situations where the competent person assesses the notification as unfounded. The whistleblower is not entitled to the provision of a copy of the material relating to the investigation.

Content of the notification

1. The notification shall include details about:
   1. date of the notification;
   2. name, surname, date of birth and contact details of the whistleblower or other information from which the identity of the whistleblower can be inferred;
   3. whether the conduct constitutes a criminal offence, an misdemeanor, a breach of the Whistleblower Protection Act or a breach of another EU law or regulation in the relevant field;
   4. summary of the substance and content of the notification, including identification of the persons to whom the notification is directed, if their identity is known;
   5. evidence on which the notification is based, if known.
2. The whistleblower may use the notification template to submit the notification.

Method of notification

1. The notification can be made through the internal notification system in writing (e.g. e-mail, letter, form) and orally (e.g. by telephone) or in person at the request of the whistleblower.
2. In writing (paper form) at the office of the Regional Office of the Moravian-Silesian Region, 28. října 2771/117, 702 00 Ostrava. The notification thus submitted must be in a sealed envelope which must be legibly marked WHISTLEBLOWING - DO NOT OPEN;
   • Specimen report submission (formát pdf, velikost 393 kB)
   • Specimen report submission (formát docx, velikost 79 kB)
3. In writing (electronically) to the e-mail address whistleblowing@msk.cz or by filling in the form:
   Date of filing notification:
   Title:
   Name:
   Surname:
   Date of birth:
   Area of applicability as per the Whistleblower Protection Act: displays the characteristics of a criminal offence displays the characteristics of a misdemeanor for which the law stipulates a fine, the upper limit of which is at least CZK 100,000 breaches the Whistleblower Protection Act of financial services, statutory audit and other assurance services, financial products and financial markets corporate income tax prevention of money laundering and the financing of terrorism consumer protection compliance with product requirements, including product safety transport, traffic and road safety environmental protection food and feed safety and animal health and protection radiation protection and nuclear safety economic competition, public auctions and public procurement protection of internal order and security, life and health protection of personal data, privacy and security of electronic communications networks and information systems protection of the financial interests of the European Union functioning of the internal market, including the protection of competition and state aid under European Union law
   Content of the notification:
   Contact:
   

   (Note: In the case of a notification without the whistleblower’s contact details, it will not be possible for the obliged entity/responsible person to comply with all the obligations under the Whistleblower Protection Act, e.g. to inform the whistleblower of the receipt of the notification or to inform the whistleblower of the outcome of the investigation.)

   Telephone number
4. Orally (in person) in the building of the Regional Office of the Moravian-Silesian Region at 28. října 2771/117, 702 00 Ostrava, upon agreement with the relevant person in the order listed below. A written record of the oral submission shall be made, which faithfully reflects the substance of the oral notification or, if agreed and with the consent of the whistleblower, another method of recording the notification shall be chosen.
5. Orally (by phone) at the phone number: 800 720 760
   Phone number operating hours:
   • Monday-Thursday 9:00 a.m. - 2:30 p.m.
   • Friday: 9:00 a.m. - 1:00 p.m.

Responsible persons

Only the responsible person is authorised to receive notifications from the whistleblower and to carry out other related activities. In the conditions of the Moravian-Silesian Region, there are several responsible persons who receive notifications in the following order:

1. Mgr. Tomáš Večerek
2. Mgr. Martin Vymětal, LL.M.
3. Mgr. Václav Těžký, LL.M.

Tato stránka je k dispozici také v češtině / This page is also available in Czech