Whistleblower protection

Whistleblowers, i.e. people who report misconduct, are protected by the so-called Whistleblower Directive (Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law) and the Whistleblower Protection Act.

A whistleblower is a person who, in the course of their work, detects and reports breaches of European Union or national law in areas such as public procurement, financial services, the protection of privacy and personal data, or the security of networked and information systems. A person who reports a suspected case of misconduct or violation may not be subjected to any retaliatory measures, i.e. adverse effects to their employment relationship.

Whistleblower protection is subject to three general prerequisites:

• The person submitting the report had, at the time and date of notification, a justified reason for believing that the information concerning the violation was accurate.
• The information concerning the violation falls within the scope of the Whistleblower Protection Act.
• The misconduct reported by the person was detected in connection with their work.

Instead of this channel, the report may also be submitted to the centralised reporting channel maintained by the Office of the Chancellor of Justice, in which case the person submitting the report will receive the protection afforded by law if:

• the person has a justified reason for believing that, after submitting an internal report, no investigative measures have been taken within the three-month deadline laid down in the Act;
• the person has a justified reason for believing that the violation cannot be effectively addressed on the basis of their previous report; or
• the person has a justified reason for believing that they are at risk of being subjected to retaliative measures as a result of their report.

The Office of the Chancellor of Justice refers the reports made to the centralised external reporting channel to the competent authority, who will then examine the report and take the necessary measures.

As a last resort, the person may publicise the information concerning the violation and receive the protection afforded to whistleblowers by law if:

• the person has submitted a report to the centralised reporting channel provided by the Office of the Chancellor of Justice or to the competent authority, and the person has a justified reason for believing that the authority has not begun investigating the veracity of the report within the statutory deadline;
• the person has a justified reason for believing that the violation may pose an imminent and apparent risk to the public interest;
• the person has a justified reason for believing that submitting a report to the authority could subject them to retaliatory measures; or
• the person has a justified reason for believing that the competent authority is involved in the violation or that it is otherwise unlikely that the competent authority will effectively intervene in the violation due to the specific circumstances of the case.

For more information on the protection afforded to whistleblowers, see the website of the Chancellor of Justice.