Legal definitions
Whistleblower
A person who performs or has performed work or other similar activity for the KP, which means:
- Dependent work carried out in an employment relationship,
- self-employment
- exercise of rights associated with participation in the KP,
- performance of the functions of a member of a body of a legal person,
- the performance of tasks within the framework of the activities of a legal person, in its interest, on its behalf or on its account,
- administration of the trust fund,
- voluntary activity,
- professional practice, internship,
- exercise of rights and obligations arising from a contract the subject of which is the provision of supplies, services, works or other similar performance.
Work or other similar activity includes applying for a job or other similar activity.
Notification according to ZoOO
A notification that contains information about a possible violation that has occurred or is about to occur to a person for whom the whistleblower, even indirectly, has performed or is performing work or other similar activity, or 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 that
- has the elements of a criminal offence,
- has the characteristics of an offence for which the law provides for a fine of at least CZK 100 000,
- violates this Act, or
- infringes another legal regulation or a regulation of the European Union in the field of:
- the environment, or
- financial services, statutory audit and other assurance services, financial products and financial markets,
- corporate income tax,
- the 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,
- radiation protection and nuclear safety,
- 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,
- the protection of the financial interests of the European Union; or
- the functioning of the internal market, including the protection of competition and State aid within the European Union
Instead of abovementioned situations, a notification under protection stated by this law is also:
- Violation or attempt to conceal a violation of an international treaty,
- violation or attempt to conceal a violation of human rights and fundamental freedoms, the health and safety of persons and the environment,
- conduct or situation contrary to the Group's code of conduct,
- retaliation against the whistleblower or any other natural or legal person protected by whistleblowing,
- Any serious threat to the public interest, instead of information stated in Section 3(3) of the ZoO: the notification of which could immediately endanger the essential security interest of the Czech Republic; for the purposes of this Act, essential security interest of the Czech Republic means
- the sovereignty, territorial integrity and democratic foundations of the Czech Republic,
- internal order and security, including critical infrastructure and public administration information systems,
- the lives and health of persons to a greater extent,
- the protection of information on public contracts in the field of defence or security, unless the award of such contracts is regulated by a regulation of the European Union12),
- the fulfilment of international defence obligations,
- significant security operations, or
- the combat capability of the armed forces of the Czech Republic.
- the activities of the intelligence services of the Czech Republic, or
- hthe notification of which would constitute a breach of the duty of confidentiality of clergymen in connection with the exercise of confessional secrecy or a right similar to confessional secrecy.
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