Obliged entity
The company Ing. Petr Švec - PENTA s.r.o., with registered office at Radiová 1122/1, Hostivař, 102 00 Praha 10, Company ID No.: 02096013, entered in the Commercial Register maintained by the Municipal Court in Prague, file number C 215400 as an obliged entity (hereinafter also referred to as "obliged entity") within the meaning of Act No. 171/2023 Coll., on the protection of whistleblowers (hereinafter also referred to as "Whistleblower Protection Act"), in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report infringements of Union law (hereinafter also referred to as "Directive") and Act No. 172/2023 Coll., amending certain laws in connection with the adoption of the Whistleblower Protection Act, took the necessary measures to establish a system for the protection of whistleblowers and created an internal whistleblowing system (hereinafter "VOS").
The main purpose of whistleblower protection is to enable the detection of wrongdoing and its effective combating, while at the same time providing protection to persons making a report.
Whistleblower
A notification can be submitted by a natural person who, in connection with work or another similar activity (e.g. employment relationship, self-employment, professional experience, etc.) has become aware of a possible illegal act, or has a reasonable suspicion that there is an illegal act or other violation of obligations within the company in any of the areas defined by the Directive.
The company allows for a notification from a person who does not perform work or other similar activity for the obliged entity as referred to in Section 2 [3] (a), (b), (h) or (i) of the Whistleblower Protection Act.
Content of the notification
The content of the notification is information about possible illegal conduct within the company that
- has the elements of a crime,
- has the elements of a misdemeanour, for which the Act on the Protection of Whistleblowers stipulates a fine rate, the upper limit of which is at least CZK 100,000,
- violates the Whistleblower Protection Act or
- violates another legal regulation or a regulation of the European Union in the areas defined by the Whistleblower Protection Act.
Notifiable areas include the following:
- financial institutions, financial services, financial products and financial markets;
- corporate income taxes;
- prevention of money laundering and terrorist financing;
- consumer protection and safety and compliance with product requirements under legislation;
- traffic safety, transport and road traffic;
- environmental protection, food and feed safety and animal welfare;
- radiation protection and nuclear safety;
- public procurement, public auctions and competition;
- protection of internal order and security, life and health;
- protection of personal data, privacy and security of electronic communications networks and information systems;
- damage to the financial interests of the European Union;
- the functioning of the internal market, including the protection of EU competition rules and state funding.
Responsible person
It is the responsibility of the person responsible for receiving and reviewing the notification and for proposing adequate measures to remedy the established unlawful relationship. Notifications made via the Company's internal notification system (see below), as well as the content of the notification and the whistleblower's data, may only be accessed by the responsible person, who is not authorised to disclose the whistleblower's data to any other person without the whistleblower's written consent.
The responsible person is Ing. Barbora Švecová.
Methods of notification - internal notification system
Notifications made through the internal information system shall be made only to the person responsible. Notifications can be made in writing or orally through the internal information system, by:
- email to the secure email address svecova@pentachemicals.eu,
- sending a notification in paper from to Radiová 1122/1, Hostivař, 102 00 Prague 10, which the sender shall clearly mark "Only to the hands of the responsible person",
- calling +420 777 759 616,
- in person - by prior written or telephone agreement with the responsible person.
Each notification must contain the details of the whistleblower and a description of the infringement (unlawful activity) to which it relates. The Company does not accept anonymous notifications. The whistleblower will be notified of receipt of the notification within 7 days. The notifier will be informed of the outcome of the assessment of the notification by the responsible person within 30 days of receipt of the notification.
The Company cannot guarantee the protection of the identity of the whistleblower and the information contained in the notification in cases where the whistleblower submits the notification through communication channels other than those specified herein, e.g. through a mail room or databox.
Whistleblower protection
The whistleblower is entitled to protection if he or she has made a notification by any means. The whistleblower is guaranteed anonymity and confidentiality of the information contained in the notification.
External whistleblower system
The whistleblower may also contact the Ministry of Justice in connection with the notification (especially if there is no internal notification system) through the so-called external notification system. Detailed information on whistleblower protection arrangements and whistleblower procedures is available on the Ministry of Justice website https://oznamovatel.justice.cz/.
Knowingly false notification
An individual who knowingly makes a false report is not protected from retaliation under the Whistleblower Protection Act. A whistleblower who commits an offence by knowingly making a false claim may be fined up to CZK 50,000.