OTHER REPORTING METHODS 

 

The Whistleblower Act also makes provision for other reporting methods. These include reporting to the external reporting channel of the Office of the Chancellor of Justice or one established by an appropriate EU institution or body.

Centralised external reporting channel – the Office of the Chancellor of Justice

The Office of the Chancellor of Justice acts as a centralised external reporting channel for whistleblower protection. It is possible to report a breach to the centralised external reporting channel of the Office of the Chancellor of Justice if the general conditions of the Whistleblower Act are met, and additionally: 

• The whistleblower cannot use their internal reporting channel 
• The whistleblower has a legitimate reason to believe that their internal report has not resulted in measures within the time prescribed or that it is ineffective, or 
• The whistleblower has a legitimate reason to believe that they may face retaliation due to their report. 

The Office of the Chancellor of Justice does not investigate reports and instead forwards them to the competent authority. The competent authority is the public authority whose statutory duty it is to supervise compliance and breaches and process the related reports. For more information, please visit the website of the Office of the Chancellor of Justice.

Other reporting channels

The Whistleblower Act complements other existing legislation related to the handling of reports and various authorities’ reporting channels such as those of the Financial Supervisory Authority or the Financial Intelligence Unit. This means that if reporting directly to an authority-maintained reporting channel is separately provided for by law, it is possible to report directly without first making a report to the internal reporting channel of one’s own organisation.

Reports can also be made directly to appropriate EU institutions or bodies concerning breaches falling within the scope of the Whistleblower Directive. The European Commission and certain EU bodies and agencies such as the European Anti-Fraud Office (OLAF), the European Maritime Safety Agency (EMSA), the European Aviation Safety Agency (EASA), the European Securities and Markets Authority (ESMA), and the European Medicines Agency (EMA) have reporting channels through which they receive reports of breaches within the scope of the Directive. 

Public disclosure 

As a rule, public disclosure of information under the Whistleblower Act can only be made in rare and exceptional situations. 
Disclosure of information concerning a breach is possible when:  

• The whistleblower has made a report in accordance with the law to the centralised reporting channel of the Office of the Chancellor of Justice or to the competent authority, and the whistleblower has reasonable grounds to believe that the competent authority has not investigated the validity of the report within the time prescribed by law.  
• The whistleblower has reasonable grounds to believe that the breach poses an immediate and obvious danger to the public interest, or that reporting to the authority may lead to the risk of retaliation.
• The whistleblower has reasonable grounds to believe that the competent authority is involved in the breach, or that it is otherwise likely that the competent authority will not address the breach effectively due to specific circumstances related to the case.