Reporting of Anti-Social Activities

The conditions for providing protection to persons in an employment relationship in connection with the reporting of crime or other anti-social activity are governed by Act No. 54/2019 Coll. on the Protection of Whistleblowers of Anti-Social Activities and on Amendments to Certain Acts, as amended (hereinafter referred to as the “Act”).

The Act provides for the possibility of granting protection to whistleblowers against actions by their employer that could adversely affect them, in particular in their working, personal or family life.

 

Responsible Person

Pursuant to Section 10(1) of the Act, the person responsible is:

CRC/Compliance Department

 

The person responsible performs tasks related to the receipt and verification of reports submitted by whistleblowers. In accordance with Section 10(5) of the Act, the responsible person is obliged to receive and verify each report within 90 days of its receipt. This period may be extended by a further 30 days, provided that the whistleblower is informed of the extension together with the reasons for such extension.

Verification of a report shall also include the referral of the matter for handling under the Criminal Procedure Code or under special regulations (e.g. Act No. 372/1990 Coll. on Offences, as amended).

 

Whistleblower

Pursuant to Section 2(a) of the Act, a whistleblower is:

1. a) a natural person who, in good faith, submits a report to the competent authority, the Office for the Protection of Whistleblowers, or the employer concerning facts relating to anti-social activity,
2. b) a close person of the whistleblower who is in an employment relationship:

1. with the same employer as the whistleblower,
2. with an employer that is a dependent entity in relation to the whistleblower’s employer, or
3. with an employer established or founded by the whistleblower’s employer.

 

Report

Pursuant to Section 2(b) of the Act, a report means the disclosure of facts that a natural person has become aware of in connection with the performance of their employment, profession, position, or function, or in connection with activities carried out in the public interest, and which relate to anti-social activity.

The Act also defines the concept of a qualified report, which may contribute or has contributed to the clarification of serious anti-social activity or to the detection or conviction of its perpetrator.

 

Anti-Social Activity

With reference to Section 3(b) and (c) of Act No. 583/2008 Coll. on Crime Prevention, anti-social activity shall be understood as:

• conduct constituting a criminal offence,• conduct constituting an offence or other administrative offence, or
  • other conduct which is not an offence or administrative offence but has a negative impact on society (e.g. discrimination, bullying, harassment).

 

Serious Anti-Social Activity

Pursuant to Section 2(d) of the Act, serious anti-social activity means:

• criminal offences damaging the financial interests of the European Union, offences related to public procurement, offences committed by public officials, or corruption offences,
  • a criminal offence punishable by a maximum term of imprisonment exceeding three years,
  • an administrative offence punishable by a fine with an upper limit determined by calculation, or
  • an administrative offence punishable by a fine with an upper limit of at least EUR 30,000.

 

Reporting Channels

Reports concerning anti-social activity or serious anti-social activity may be submitted to the responsible person orally or in writing via:

1. a) e-mail address: SSC.DTShSCompliance@telekom.com (available 24/7 and accessible only to responsible persons),
2. b) Tell me! portal or e-mail address tell-me@telekom.de (available 24/7 and accessible only to responsible persons),
   c) postal mail to DTSE SK, CRC Compliance, marked on the envelope “INTERNALLY PROTECTED”,
   d) oral submission; the whistleblower may request a personal meeting, which the responsible person is obliged to arrange without undue delay, no later than within 7 calendar days.

In the case of an oral report, the person responsible shall draw up minutes and allow the whistleblower to review, amend if necessary, and confirm them by signature.

 

The person responsible is obliged to maintain confidentiality regarding the identity of the whistleblower during the verification of the report. This obligation of confidentiality continues even after the termination of the employment relationship.