Information on unlawful or suspected unlawful acts or omissions or other misconduct, as defined in Act XXV of 2023 (hereinafter: the Complaints Act), can be reported in the OfficeProtector Whistlerblowing System.

The OfficeProtector system is operated by Andrea Ivánka-Csontos ev.

She can be contacted at info@officeprotector.hu

I. You may report to OfficeProtector’s Whistlerblowing System: in relation to OfficeProtector’s contractors

a) an employee of the employer,

b) an employee whose employment relationship with the employer has ended, and

c) a person who wishes to establish an employment relationship with the employer and for whom the procedure for establishing such a relationship has been initiated.

In other words:

(a) a self-employed person, a sole proprietor, a sole proprietorship, if he has a contractual relationship with the employer,

(b) any person who holds a share in the employer’s capital and any person who is a member of the employer’s administrative, management or supervisory body, including a non-executive member,

(c) a person who has initiated the procedure for establishing a contractual relationship with the employer, or who is or has been a contractor, subcontractor, supplier or person under the supervision and direction of a contractor,

(d) trainees and volunteers working for the employer,

(e) a person who wishes to enter into a legal or contractual relationship with the employer within the meaning of points (a), (b) or (d) and for whom the procedure for the establishment of such a legal or contractual relationship has been initiated, and

(f) a person who has ceased to have a legal or contractual relationship with the employer within the meaning of points (a), (b) or (d).

II. How to notify:

Reporting can be done electronically at the following link: Reporting

Within seven days of receipt of a written report made through the internal whistleblowing system, the operator of the internal whistleblowing system will send an acknowledgement of the report to the whistleblower. The acknowledgement shall include general information to the whistleblower on the procedural and data management rules under this Act.

The operator of the internal whistleblowing system shall investigate the allegations contained in the notification within the shortest time possible under the circumstances, but not later than thirty days from the receipt of the notification.

This time limit may be extended in particularly justified cases and the whistleblower shall be informed at the same time. The notifier shall in that case be informed of the expected date of the investigation and the reasons for the extension. The time limit for investigating the notification and informing the notifier shall not exceed three months in the case of an extension.

During the investigation of the report, the person responsible for the internal whistleblowing system shall maintain contact with the whistleblower, who may be invited to supplement or clarify the report, to clarify the facts and to provide additional information.

III. Content of the notification:

Whistleblowers’s details (necessary for the investigation of the notification and for contact purposes)

Name

Address

E-mail address

Details of the organisation to which the notification is made

Name

Tax number

What is or has been your relationship with the organisation? (drop down)

Details of the notification

When did you first become aware of the reporting circumstance (when did you first notice, experience, read about it)?

Formulation of the complaint/abuse

Detailed description of the report

Who in the organisation is/are affected by the reported circumstance in detail?

If the complaint/abuse relates to a physical location or department, specify

Is the complaint/abuse still ongoing?

Information

IV. The notification is lawful:

(a) the whistleblower has made the report through one of the whistleblowing systems under this Chapter in accordance with the rules set out in this Act,

(b) the whistleblower obtained the reported information concerning the circumstances to which the report relates in the context of his or her work-related activities; and

(c) the whistleblower had reasonable grounds to believe that the reported information concerning the circumstances to which the report relates was true at the time of the report.

V. Investigate notifications:

Investigations are conducted by OfficeProtector’s contracted professional partners. They will be assigned depending on the content of the whistleblowing, taking into account the rules of impartiality and conflict of interest.

VI. Failure to investigate notifications:

The investigation of a notification may be waived if.

(a) the notification was made by an unidentified notifier,

(b) the notification was not made by a person entitled to do so under Article 20(2) and (3),

c) the application is a repeat application by the same applicant with the same content as the previous application; or

(d) the prejudice to the public interest or to an overriding private interest would not be proportionate to the restriction of the rights of the natural or legal person (hereinafter together referred to as the „person concerned by the notification”) resulting from the examination of the notification.

VII. Outcome of the examination of notifications:

The operator of the internal whistleblowing system shall inform the whistleblower in writing of the investigation or non-investigation of the whistleblowing report and the reasons for the non-investigation, the outcome of the investigation of the whistleblowing report, the action taken or envisaged.

VIII. Rules on data processing in relation to the notification:

Within the framework of the internal abuse reporting system

a) the whistleblower,

b) the person whose conduct or omission gave rise to the report; and

(c) to the person who may have material information about the facts complained of,

personal data essential to the investigation of the notification may be processed only for the purpose of investigating the notification and remedying or stopping the conduct that is the subject of the notification and may be disclosed to the whistleblower protection lawyer or to an external body involved in the investigation of the notification.

Personal data processed under the internal whistleblowing system shall be deleted without undue delay, except for personal data that are not covered by paragraph 1 and are indispensable for the investigation of the report.

Where the report concerns a natural person, in exercising his or her right to information and access under the provisions on the protection of personal data, the personal data of the reporting person shall not be disclosed to the person requesting the information.

The transfer of data processed under the internal whistleblowing system to a third country or an international organisation may only take place if the recipient of the transfer has given a legal undertaking to comply with the rules on reporting set out in this Act and subject to the provisions on the protection of personal data.

In the internal abuse reporting system, the personal data of the whistleblower who discloses his/her identity and of the person concerned by the whistleblowing shall not be disclosed to any person other than the authorised persons. Pending the conclusion of the investigation or the initiation of formal prosecution as a result of the investigation, the persons investigating the report may, in addition to informing the person concerned, share information about the content of the report and the person concerned with other departments or staff of the employer to the extent strictly necessary for the conduct of the investigation.

The requirement of a fair hearing ensures that the person concerned by the notification can express his or her views on the notification through his or her legal representative and provide evidence in support of those views. The person concerned may exceptionally be informed at a later stage in duly justified cases, where immediate information would frustrate the examination of the notification.

The processing shall also apply to the person who may have material information on the subject matter of the notification.

If it has become apparent that the complainant or whistleblower has communicated false data or information in bad faith and

(a) circumstances suggesting that a criminal offence or irregularity has been committed, his or her personal data shall be handed over to the authority or person responsible for the procedure,

(b) there are reasonable grounds for believing that he or she has caused unlawful damage or other harm to another person, his or her personal data must be handed over to the authority or person entitled to initiate or conduct the proceedings, at the latter’s request.

Where the public interest report concerns a natural person, the personal data of the public interest reporter shall not be disclosed to the person requesting the information in the exercise of the right of access and information of that natural person under the provisions on the protection of personal data.

IX. Protection of whistleblowers:

Any action taken against a whistleblower as a result of a whistleblowing, other than a whistleblower who has communicated false data or information in bad faith, shall be unlawful, even if it would otherwise be lawful.

Any measure adversely affecting the whistleblower, in particular

a) suspension, collective redundancies, dismissal or equivalent measures,

b) demotion or refusal to promote,

c) the transfer of duties, change of place of work, reduction of pay, change of working hours,

d) refusal to provide training,

e) negative performance appraisal or job reference,

(f) the application of any adverse legal consequence under the law applicable to the employment relationship, in particular disciplinary measures, reprimands or financial penalties,

g) coercion, intimidation, harassment or ostracism,

h) discrimination, unfavourable or unfair treatment,

(i) failure to convert a fixed-term employment relationship into an employment relationship of indefinite duration, where the employee had a legitimate expectation that his employment relationship would be converted into an employment relationship of indefinite duration,

j) failure to renew or early termination of a fixed-term employment contract,

k) damage, which includes damage to the person’s reputation or financial loss, including loss of business opportunity and loss of income,

(l) an action as a result of which it may reasonably be concluded that the person concerned will not be able to establish in the future an employment relationship in the sector in which he or she is employed,

(m) the requirement to undergo a medical fitness test,

(n) early termination or cancellation of a contract for goods or services; and

(o) the withdrawal of an authorisation.

In the course of administrative or judicial proceedings relating to an adverse action, if the notifier proves that the notification was lawfully made, the competent authority may

(a) it shall be presumed that the adverse action was taken because the notification was lawfully made; and

(b) it is for the person who took the adverse action to prove that the adverse action was taken for a legitimate reason and not because the notification was lawfully made.

Where a notification is lawfully made, the notifier shall not be deemed to have breached any restriction on disclosure of a legally protected secret or any other legal restriction on disclosure of information and shall not be liable in respect of such notification if the notifier had reasonable grounds to believe that the notification was necessary to disclose the circumstances to which the notification relates.

Where a notification has been lawfully made, the notifier shall not be liable for obtaining or having access to the information contained in the notification, unless the notifier has committed a criminal offence in obtaining or having access to the information. A notifier shall not be held liable for lawfully making a report if the notifier had reasonable grounds to believe that the report was necessary to disclose the circumstances to which it relates.

The protection applicable to the applicant shall apply to any person who

(a) assists the applicant who has made a lawful notification in making the notification,

(b) a person related to the person who made the lawful notification, in particular a co-worker or family member of the notifier, who may be subject to adverse action.

In matters not covered in detail by these Rules, the Complaints Act shall apply.

The provisions of these Rules shall apply from 24 July 2023, the date of entry into force of the Complaints Act.