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Legal definitions

Whistleblower

A person who performs or has performed work or other similar activity for the KP, which means:

  1. Dependent work carried out in an employment relationship,
  2. self-employment
  3. exercise of rights associated with participation in the KP,
  4. performance of the functions of a member of a body of a legal person,
  5. the performance of tasks within the framework of the activities of a legal person, in its interest, on its behalf or on its account,
  6. administration of the trust fund,
  7. voluntary activity,
  8. professional practice, internship,
  9. 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

  1. has the elements of a criminal offence,
  2. has the characteristics of an offence for which the law provides for a fine of at least CZK 100 000,
  3. violates this Act, or
  4. 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:

  1. Violation or attempt to conceal a violation of an international treaty,
  2. violation or attempt to conceal a violation of human rights and fundamental freedoms, the health and safety of persons and the environment,
  3. conduct or situation contrary to the Group's code of conduct,
  4. retaliation against the whistleblower or any other natural or legal person protected by whistleblowing,
  5. 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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