What stage has the legislature reached in implementing the Whistleblowing Directive? If not already implemented, when is it expected or planned that the required legislation will be passed?
The Act on Whistleblowing was signed by the President of the Czech Republic on 7 June 2023 and was promulgated in the Collection of Laws on 20 June 2023. The Act is in force as of 1 August 2023.The Act on Whistleblowing was signed by the President of the Czech Republic on 7 June 2023 and was promulgated in the Collection of Laws on 20 June 2023. The Act is in force as of 1 August 2023.
Status
Legislation passed / Directive implemented.
Reporting topics covered (in addition to those covered by the Directive)
In addition to those covered by the Directive, the Czech Republic has included:
mandatory audit and other auditing services;
transportation and road traffic safety;
public auctions;
protection of internal order and security; and
protection of electronic communications.
Categories of person who may report (in addition to those specified in the Directive)
Persons engaged in:
military service;
the performance of the function of a member of the body of a legal entity who is elected, appointed or otherwise called to function (hereinafter referred to as the “elected body”);
trust fund management; and
the exercise of rights and obligations arising from a contract having as its object the provision of supplies, services, works or other similar performance.
Are there any stipulations as to who may investigate a report?
Yes, the Act on Whistleblowing provides that the obliged entity will appoint/authorise a person(s) to assess reports.
Are entities with fewer than 50 workers exempt?
Yes, unless the entity is an obliged person under Act No. 253/2008 Coll., on selected measures against the legalization of the proceeds of crime and financing of terrorism.
If an exempt organisation implements a whistleblowing scheme will the Directive / implementing law apply?
No.
Are there any specific timescales that apply (e.g. for acknowledgements and responses) (Yes/No)?
Yes.
14 days to acknowledge the report (as of the day the reporting person requested it);
7 days to acknowledge the receipt of the report;
30 days to respond to the reporting person (can be prolonged twice).
Can reports be made anonymously?
Yes.
Are private sector entities required to accept and follow up on anonymous reports?
No.
It is however generally recommended to do so as the identity of the whistleblower may be revealed at any time. As soon as their identity is known to the obliged entity, the whistleblower is fully protected under the Act on Whistleblowing and the obliged entity must acknowledge and respond to the report within the time periods stipulated in the Act on Whistleblowing.
Remedies for retaliation
Compensation.
Are group-wide reporting channels permitted?
Yes, legal entities (including private employers) with no more than 249 employees may share internal reporting channels.
