Information for whistleblowers according to Act No. 171/2023 Coll., on the protection of whistleblowers
Our company ELEKTRODESIGN ventilátory spol. s r.o., ID No.: 248 28 122, with registered office at Boleslavova 53/15, Nusle, 140 00 Prague (hereinafter referred to as "ELEKTRODESIGN"), as an obliged entity under Act No. 171/2023 Coll., on the protection of whistleblowers, has established an internal notification system to protect whistleblowers of infringements under this Act.
Who can be a whistleblower?
Any natural person who works at ELEKTRODESIGN, as well as persons who perform or have performed work or similar activities for ELEKTRODESIGN within the meaning of Article 2(3) of Act No. 171/2023, on the protection of whistleblowers, or are or have been in contact with ELEKTRODESIGN in connection with this activity.
The whistleblower may therefore be, for example, employees, job applicants, trainees, contractors providing supplies, services, construction work, etc.
What is notified?
The subject of a notification may be an unlawful act that:
- has the characteristics of a criminal offence,
- has the characteristics of a misdemeanour for which the law provides for a fine of at least CZK 100,000, or
- violates the Whistleblower Protection Act or violates another legal regulation or a regulation of the European Union in the areas defined in Section 2(1)(d) of the Whistleblower Protection Act.
Internal whistleblowing system
ELEKTRODESIGN allows individuals to make notifications in a number of ways. The choice of a particular method of notification is entirely at the discretion of the whistleblower.
Written Notifications
- This is the simplest option, which can be done by mail or in electronic format through our online notification platform
- when using postal services, the envelope of the notification so submitted must be marked with the "TO HAND" flag and the name of the person concerned + the words "Do Not Open - Whistleblowing ELEKTRODESIGN"
- this method is suitable for an anonymous or remote notification
Oral Notification
- by leaving a voicemail message through our notification platform, where we also allow you to upload a voicemail message file as part of the attachments
Personal Notifications
- An appointment must be arranged with the relevant person in advance (see contact details below)
- An audio recording or recording of the notification will be made (an audio recording of the notification can only be made with the consent of the notifier)
When making a notification, it is advisable to specify in detail:
- details of the name, surname and date of birth, or other information from which the identity of the notifier can be inferred, unless the notifier is known to the relevant person and wishes to make the notification anonymously
- background and history of the matter
- the names/roles of the persons involved in the matter, taking into account any request for anonymity
- locations and times where the events in question occur
- why the facts are the subject of the notification
- specific evidence, if available
ELEKTRODESIGN recommends that notification be made as soon as possible after the violation has occurred so as to expedite any action taken by ELEKTRODESIGN to prevent or remedy the violation in question.
ELEKTRODESIGN does not preclude the receipt of notifications from persons who do not perform work or other similar activities for ELEKTRODESIGN pursuant to Section 2(3)(a), (b), (h) or (i) of the Whistleblower Protection Act.
Repeatedly submitted Notifications by the same Whistleblower and on the same matter are not admissible and will not be re-examined and the Whistleblower will be notified of this with an appropriate brief justification. This shall not apply in the event that this further Notification contains new information and facts compared to the previously submitted Notification.
External Notification System
In addition to ELEKTRODESIGN's internal notification system, whistleblowers may also use the notification system of the Ministry of Justice, which is accessible on the Ministry of Justice website, if the statutory conditions are met. In this case, the Notification is received, investigated and assessed for reasonableness by the Ministry of Justice and its authorised staff.
External channel for notifying the violation:
Ministry of Justice of the Czech Republic
Vyšehradská 424/16
128 10 Nové Město
E: oznamovatel@msp.justice.cz
T: +420 221 997 840
Violations of the obligations under Act No. 253/2008 Coll., on certain measures against the legalization of proceeds of crime and financing of terrorism, as amended (§ 34a) can be reported to the Financial Analysis Office at reditel@fau.mfcr.cz.
Whistleblower protection
No act or omission by ELEKTRODESIGN in connection with the whistleblower's work or other similar activity that adversely affects the whistleblower in connection with the making of the report and that may cause harm to the whistleblower will be made against the whistleblower.
Protection from such measures applies not only to the whistleblower, but also to other persons, including the whistleblower's relatives and others who have a personal or similar relationship with the whistleblower, as well as persons within the meaning of section 4(2) of the Whistleblower Protection Act.
Only the competent person listed below has the right to know the identity of the whistleblower and the content of the notification, who is bound by the obligation of confidentiality and is obliged to keep the content of the notification confidential both during the investigation of the notification and afterwards. The identity of the whistleblower may be disclosed to another person only with the written consent of the whistleblower, unless the information in the notification is information that the competent person is obliged to disclose to public authorities under other legislation, in which case he or she must also inform the whistleblower in advance and give him or her the opportunity to comment on the disclosure of the information in the notification.
Lessons on knowingly false notification
An individual who makes a knowingly false notification is not entitled to protection under the Whistleblower Protection Act. A whistleblower may also commit an offence by making a knowingly false report, which is punishable by a fine of up to CZK 50,000.
Can an anonymous report be made?
Yes, our Company also accepts anonymous notifications, i.e. notifications that do not identify the notifier. Anonymous notifications can only be made through our online notification platform.
In the case of an anonymous notification, the relevant person does not need to notify the notifier of the receipt of the notification and of the action taken. However, if the identity of the whistleblower subsequently comes to light, the competent person will inform the whistleblower of the results of the assessment of his/her notification in accordance with the law.
Persons responsible
The competent person in ELEKTRODESIGN is:
Mgr. Jan Toman
Pařížská 1076/7, Prague 1, Postal Code 110 00
E: jan.toman@akjato.cz
T: +420 721 846 800
In receiving notifications and assessing their validity, the competent person shall always act independently, independently and impartially. The competent person shall have the right to request from all organisational departments and all employees of ELEKTRODESIGN the necessary information and documents, as well as other forms of cooperation. In doing so, the competent person shall ensure that the employees approached are not able to see the content of the notification and that no facts which could identify the notifier come to light.
Warning
If a whistleblower submits a notification by means other than those specified above, e.g. by data mail, ELEKTRODESIGN cannot guarantee that the identity of the whistleblower and the information contained in the notification will be protected in accordance with the law.
When submitting a notification, the notifier should act in good faith that the notification they are submitting is based on credible facts and circumstances.