In relation to our previous information on mandatory Whistle-blower protection (Whistleblowing), we would like to inform you that the draft Czech Whistle-blower bill has been delayed.
The draft Czech Whistle-blower bill can, due to the elections that took place in the beginning of this month, no longer be discussed by the “old” Chamber of Deputies. Since pending bills cannot be automatically passed on to the newly elected Chamber of Deputies, the legislative process will have to start anew once the Government resubmits the bill to the newly elected Chamber of Deputies.
However, this delay in the enactment of the relevant Czech act does not mean that Whistle-blowers will not be protected. The Czech Republic is compelled to incorporate the obligations under the EU directive into its legal system by the end of the transposition deadline (i.e. by 17 December 2021) and, as long as it fails to do so, Whistle-blowers will be able to claim compensation for damages, resulting from the failure to implement the required protection, from the Czech state.
It should be stressed that the obligations prescribed by the Directive, in particular the obligation to set up an internal protection system, will be introduced into the Czech legal system either way. It is possible that the new Government will be forced to work quickly in view of the transposition deadline.
Thus, employers who have already started to make arrangements for the Whistle-blower protection obligations should not interrupt their preparations, and those who have not yet started should use the additional time to get ready so that they are not “overwhelmed” by the fast introduction of the Whistle-blower protection once the current backlog of Czech legislation is removed.
Therefore we continue to prepare our clients, to whom we are able to provide with a holistic solution encompassing the legal as well as the technological parts of a law-compliant company Whistle-blower protection system.
We will keep you informed on this topic.
If you would like further information on Whistle-blower protection obligations, please do not hesitate to contact us at any time.