Internal Reporting System of GIFF a.s.

With reference to Czech Act No. 171/2023 Coll., on the Protection of Whistleblowers (hereinafter the “Whistleblower Protection Act”), which transposes Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, the obliged entities listed in Section 8(1) of the Whistleblower Protection Act are required to establish an internal reporting system for their employees and other persons under the Whistleblower Protection Act, intended for reporting unlawful conduct that has occurred or is alleged to have occurred at the employer.

The Whistleblower Protection Act has been in force since 1 August 2023.

1. Person Entitled to Submit a Report – Whistleblower

A whistleblower is a person who has performed or performs work or other similar activity for GIFF a.s. within the meaning of Section 2(3) of the Whistleblower Protection Act, or a person who has been or is in contact with GIFF a.s. in connection with the performance of work or other gainful activity. GIFF a.s. excludes the acceptance of reports from persons who do not perform work or other similar activity for it pursuant to Section 2(3)(a), (b), (h) or (i) of the Whistleblower Protection Act. GIFF a.s. accepts reports only from its employees and from persons performing volunteer work, professional practice or an internship. A whistleblower may also be a person who is applying or has applied for such work or similar activity.

2. Information for the Whistleblower

The whistleblower must have reasonable grounds to believe that the report of a breach is true. Knowingly false facts must therefore not be reported. Pursuant to Section 23 of the Whistleblower Protection Act, a natural person commits an offense by submitting a knowingly false report. A fine of up to CZK 50,000 may be imposed for this offense.

3. Unlawful Conduct

The whistleblower has the right to report unlawful conduct that has occurred at the employer and that:

  1. has the characteristics of a criminal offense,
  2. has the characteristics of an administrative offense for which the law sets a fine with an upper limit of at least CZK 100,000,
  3. violates the Whistleblower Protection Act, or
  4. violates another legal regulation or a regulation of the European Union in the area of:
  • financial services, statutory audit and other assurance services, financial products and financial markets,
  • corporate income tax,
  • prevention of money laundering and terrorist financing,
  • consumer protection,
  • compliance with product requirements, including product safety,
  • transport safety, carriage and road traffic,
  • environmental protection,
  • food and feed safety and animal health and welfare,
  • radiation protection and nuclear safety,
  • competition, public auctions and public procurement,
  • protection of internal order and security, life and health,
  • protection of personal data, privacy and security of electronic communications networks and information systems,
  • protection of the financial interests of the European Union, or
  • functioning of the internal market, including the protection of competition and state aid under European Union law.

4. Protection of the Whistleblower

Access to the internal reporting system is granted only to the designated person, who is obliged to protect the identity of the whistleblower. The identity of the whistleblower may not be disclosed to anyone else without their written consent, unless the designated person is required to provide this information to the competent public authorities under other legal regulations. Even in this case, the designated person must inform the whistleblower in advance and allow them to comment on the disclosure. The obligation to protect identity also applies to any other information from which the identity of the whistleblower could be determined.

Protection of the whistleblower also consists in the prohibition of retaliatory measures against the whistleblower and other persons (e.g. a person close to the whistleblower who assisted them in obtaining information, etc.), including threats of retaliation or attempts at retaliation. Retaliatory measures include, for example, termination of employment, non-renewal of a fixed-term employment contract, reduction of wages, salary or remuneration, or refusal to grant a personal bonus.

5. Method and Content of the Report

The report contains the whistleblower’s first name, surname and date of birth, or other information from which the identity of the whistleblower can be inferred; the information on the whistleblower’s identity is presumed to be true. It also contains information about the possible unlawful conduct as described in point 3. The Whistleblower Protection Act does not apply to anonymous reports. If the identity of the whistleblower is subsequently revealed, all relevant provisions of the Whistleblower Protection Act apply to them.

Designated Person

The report is submitted to the designated person appointed by the employer.
The designated person at GIFF a.s. is Jakub Farný.

Contact Details

GIFF a.s.
Slévárenská 272
739 11 Frýdlant nad Ostravicí
Phone: 595 539 504
E-mail: whistleblowing@giff.cz

Ways to Submit a Report

A report can be made orally or in writing (by post or e-mail). At the whistleblower’s request, the designated person will also allow them to submit the report in person within a reasonable period, but no later than 14 days from the request.

  • In writing by post: Send only to the attention of the designated person in a sealed envelope clearly marked “WHISTLEBLOWING – NEOTEVÍRAT” (do not open).
  • In writing by e-mail: To whistleblowing@giff.cz.
  • Orally by phone: Via the phone line 595 539 504 (a written record is made of the call).
  • In person: By prior arrangement by phone or in writing. Minutes are drawn up of the in-person report. With the whistleblower’s consent, an audio or video recording may also be made.

Ministry of Justice

The whistleblower may also submit a report through the external reporting system of the Czech Ministry of Justice. The secure reporting form and further information can be found at: oznamovatel.justice.cz/chci-podat-oznameni/.

6. Handling of the Report

Receipt of the report will be confirmed to the whistleblower in writing within 7 days of its delivery. If the report does not fall under the Whistleblower Protection Act, the designated person will inform the whistleblower of this without undue delay.

Within 30 days of receiving the report, the designated person must assess whether it is well-founded and inform the whistleblower in writing. In factually or legally complex cases, this period may be extended by up to 30 days, but no more than twice. If the report is found to be well-founded, the designated person will propose measures to the employer to prevent and remedy the unlawful situation.

If the report is not assessed as well-founded, the designated person will inform the whistleblower in writing without undue delay that no suspicion of unlawful conduct was found or that the report is based on false information, and will advise the whistleblower of their right to submit a report to a public authority. The employer informs the designated person of the corrective measure adopted, and the designated person then informs the whistleblower in writing without delay.

7. Other Information

More detailed information on submitting a report and on the applicable legislation can be found on the website of the Czech Ministry of Justice: oznamovatel.justice.cz/pravni-uprava-a-metodicke-doporuceni/.