EU Whistleblowing Directive – Czechia

✅ Whistleblowers protection already in place

There is currently no law on whistleblowing and whistleblowers protection implemented in Czechia.

Organisations are not obliged to set up internal reporting channels and there is no penalty for the absence of a whistleblowing system, except for some sectors such as the financial sector.

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📖 Current implementation status

A new law transposing the European Directive on the protection of whistleblowers has been passed.

The law was signed by the Czech President on June 7, 2023.

Sent for publication in the Official Journal, it will take effect on August 1, 2023.

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🆕 New Requirements

• Setting up an internal alert system

All organisations with 50 or more employees are required to set up an internal whistleblowing system. The system must enable employees, trainees, job applicants and any other individual wishing to make a report to do so.

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• Written and oral reporting

Czech law does not lay down technical specifications for the whistleblowing system deployed by organisations. However, written and oral reports must be received and processed. At the request of the whistleblower, in-person reporting must also be possible.

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• Protection of whistleblowers

The law strictly prohibits any form of reprisal and retaliation against whistleblowers. Acts of retaliation may include:

• Any act or omission related to the whistleblower’s professional activity following a report
• Dismissal of the whistleblower
• Suspension from a management position
• Reduction of salary or refusal to grant a bonus
• Transfer to another job

• Protection of anonymous whistleblowers

The protection of anonymous whistleblowers has been one of the most debated aspects of the new law.

Anonymous whistleblowers are not protected from the beginning, but only after they have revealed their identity to those who may expose them to retaliation.

However, it has been observed in other countries that for entities with an internal whistleblowing system, the most serious violations are often reported anonymously. By excluding anonymous whistleblowers from protection, there is a great risk of making them much less inclined to report the facts.