Whistleblowing

Protection of Persons Reporting Breaches of Law (Whistleblowing)

irective of the European Parliament and of the Council (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law was adopted to protect whistleblowers against unlawful acts that constitute criminal offences or misdemeanours, which the whistleblower becomes aware of in relation to work or a similar activity. Its primary purpose is to protect whistleblowers from retaliatory actions by employers or colleagues. For this reason, when reporting through an internal channel, the whistleblower’s identity remains confidential, known only to the relevant person who is obliged to maintain confidentiality. The specific conditions are set out in Act No. 171/2023 Coll., on the protection of whistleblowers (hereinafter referred to as the Act).

Who Can Report

Only a natural person (worker) who, in relation to VCHD Cargo, a.s., performs work or a similar activity as defined in § 2 paragraph 3 letters a), b), h), and i) of the Act can be a whistleblower.

What Can Be Reported

Possible unlawful acts that constitute criminal offences or misdemeanours, for which the law prescribes a fine penalty with an upper limit of at least CZK 100,000, violate the law or other legal or EU regulations, and about which the whistleblower has learned in connection with work or a similar activity (employee, contractual partner, intern, etc.).

Public procurement, economic competition, and public auctions;
Financial services, products, and markets, and preventing money laundering;
Corporate income tax;
Preventing the legalization of proceeds from criminal activity;
Consumer protection;
Safety and compliance of products with regulations;
Transport safety;
Food and feed safety;
Environmental protection;
Radiation protection and nuclear safety;
Protection of internal order and security, life, and health;
Protection of personal data, privacy, and security of electronic communication networks and information systems;
Protection of the financial interests of the European Union or the functioning of the internal market.

How to Report

Through a special, independent, and separate communication channel that ensures the confidentiality of the information provided, the protection of the whistleblower, and their personal data. Reporting is possible only in the areas mentioned above. For reports outside these areas, it is necessary to contact other competent public authorities or the court.

Content of the Report

Identification of the whistleblower: name, surname, date of birth, and possibly other details from which the identity of the whistleblower can be inferred (according to the Act, anonymous reports cannot be submitted),
Detailed description of the unlawful act (subject of the report, where the whistleblower learned about it, etc.),
Evidence and supporting materials.

Receiving Reports

The obligated entity – VCHD Cargo, a.s. accepts reports:

a) in writing – electronically and in paper form,

b) orally – by telephone and in person (by appointment).

If the report is made orally or by telephone, the relevant person is required to make an audio recording of the report with the consent of the whistleblower or a transcript of it.

Reports in paper form must be marked “whistleblowing” on the envelope. These reports are received and processed by a designated relevant person outside regular communication, and the identity of the whistleblower is protected.

Designated Persons:

Mgr. Iveta Bodnarová

In writing:

Whistleblowing

to the attention of the relevant person

VCHD Cargo, a.s., Železárenská 315, 272 01 Kladno

By phone:

+420 605 88 37 44

Electronically:

whistleblowing@vchd.cz

Reports can also be submitted directly to the Ministry of Justice of the Czech Republic, more information on the website www.justice.cz.

Deadlines

The whistleblower has the right to be informed in writing about the receipt of the report within 7 days of its receipt and about the outcome of the assessment within 3 months at the electronic or postal address provided by the whistleblower, unless they have waived this right in advance. Notification will not be sent if its dispatch could endanger the interest in protecting the identity of the whistleblower and their personal data, or a third party.

GDPR

The personal data of the whistleblower are processed for the purposes of resolving the report in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and related regulations.

Instructions

In case of knowingly false reporting, the whistleblower may commit an offence (with the possibility of imposing a fine up to CZK 50,000 according to § 23 paragraph 2 of the Act) or a criminal offence.

Attachments

Basic information for whistleblowers on unlawful acts (pdf, 191.2 kB)