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Czech Republic: Obligations of the employer under the Whistleblowing Act

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In brief

The Czech Act on Protection of Whistleblowers (“Whistleblowing Act”) which implements the EU Whistleblowing Directive 2019/1937 was finally adopted and will become effective from 1 August 2023. The Whistleblowing Act introduces the obligation of employers to establish a whistleblowing channel to enable reporting of selected violations, and to protect individuals that filed such report.

Key takeaways

  • Who is obliged to establish a whistleblowing channel?
  • What needs to be done?
  • Can the whistleblowing channel be operated by an external provider?
  • Does local law require any consultation with employee representatives prior to implementing the internal reporting channel?
  • Does local law require that the internal reporting channel be available in local language?
  • What is a whistleblowing report?
  • Who can file a report using the company’s whistleblowing channel?
  • Can the report be anonymous?
  • How can a report be filed?
  • What happens after a report is filed?
  • Shall we keep evidence of the received reports?
  • How is the whistleblower protected?

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Author

Martin Hrodek is the managing partner of the Firm’s Prague office, where he also heads the Dispute Resolution Practice Group. He is consistently ranked as a leading dispute lawyer in the Czech Republic by Chambers & Partners. In addition to his practice, Mr. Hrodek authored a section on Czech merger control regulations in The Global Merger Notification Handbook and has published several articles on the rights of minority shareholders and dispute resolution in major Czech periodicals, including Hosdoparske noviny and Ekonom.

Author

Zuzana Ferianc practices mainly in the areas of employment and labor law, restructuring and corporate governance and mergers & acquisitions. She earned her Master’s Degree in Commercial Law at the Economics University in 2002, and her Master’s Degree in Law at the Law Faculty of Charles University in 2004.

Author

Vlastimil Kreysa is a member of the Firm’s Employment & Labor Practice Group. He regularly advises on Czech and European labor and employment law matters.

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