The amendments define more precisely the scope of application of the Act, and now expressly stipulate that the protection also applies to persons who report irregularities related to criminal offences against the economy, against official duty, embezzlement and bribery of members, as well as to other cases in which a violation of the regulations undermines the public interest.
Moreover, its application is extended to other acts of the European Union.
Another important novelty is that persons who report irregularities directly to the police or a state attorney's office are now entitled to protection under the same conditions as persons who report to the ombudsperson.
This eliminates earlier dilemmas about the moment of acquisition of the right to protection. If the reporting person indicates in the report or subsequently that he or she is or could be exposed to retaliation, the police and the state attorney’s office are obliged to forward the report to the competent external reporting authority - the ombudsperson, without delay.
The same applies where a connected person states that retaliation has been committed or attempted against him or her because of his or her association with the reporting person. In case the police and/or the state attorney’s office are the only competent authorities to deal with the content of the report, the report will not be forwarded to other authorities.
The Act also introduces new time limits in judicial protection proceedings. A period of 15 days is envisated for a response to the action, the hearing must take place within 30 days of receipt of the response, and the proceedings at first instance must be concluded within six months. The court of second instance is obliged to decide the appeal within 30 days. These deadlines were introduced to ensure faster and more effective protection of whistle-blowers before the courts.
In addition, misdemeanour penalties have been increased. For the most serious violations, e.g. if the employer prevents the reporting of irregularities, reveals the identity of the reporting person, initiates malicious proceedings or retaliates against the reporting person, a fine of EUR 5,000 to 100,000 is envisaged for legal persons. Penalties for responsible persons in legal persons, sole proprietors and natural persons who violate the provisions of the Act have also been increased.
The law was further aligned with the latest EU acquis, i.e. with the new provisions extending the scope of Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law.