The Slovakian Whistleblower Protection Law

Slovakian Whistleblower Protection Law overview

Slovakia has amended its whistleblower protection law, which was originally to transpose the EU Whistleblower Protection Directive’s requirements into national law. The law defines whistleblower protections for anyone reporting violations of either EU law or Slovakian law, and imposes several obligations on organizations to protect internal whistleblowers. 

The new legislation covers all public and private organizations with at least 50 employees, requiring them to establish mechanisms to allow for whistleblower reports and to protect whistleblowers. Employers must also appoint someone to investigate whistleblower claims, although this can be either an internal manager (with sufficient independence) or an external third party. 

The law protects whistleblowers and those assisting them from retaliation for submitting a report. It also allows them to report their concerns externally to a newly established Slovakian regulator, the Whistleblower Protection Office.

What does the Slovakian whistleblower protection law cover?

The law adopts the minimum standards for whistleblower protection outlined in the EU Whistleblower Protection Directive. These requirements include:

• A secure and confidential channel for receiving whistleblower reports must be in place. 
• Acknowledgment of the receipt of every whistleblowing report must be provided to the whistleblower within seven days. 
• An impartial person or department must be appointed to follow up on the reports. 
• Records must be kept of every report received in compliance with confidentiality requirements. 
• There must be diligent follow-up of the report by the designated person or department. 
• Feedback on the follow-up or investigation must be given to the whistleblower within three months of receiving the report. 
• All processing of personal data must be done in accordance with GDPR.

What are the rules outlined in the Slovakian whistleblower protection law?

Formally known as Act No. 54/2019 (and informally as “the Whistleblowing Protection Law”), Slovakia’s law covers all public or private organizations with at least 50 employees. Lawmakers amended the country’s existing law in June 2023 to bring it into alignment with the EU Whistleblower Protection Directive, and those amendments will go into full force by 1 Sept. 2023. 

Foremost, the amended law requires all organizations with more than 50 employees to establish a whistleblower reporting and protection system. Those with 50 to 249 employees are allowed to establish a joint whistleblower program in coordination with other small businesses. Financial service firms need to establish an internal reporting system even if they have only one employee.

The law requires all covered organizations to (1) set up a whistleblowing system with comprehensive whistleblower protections; and (2) adopt a policy on reporting legal violations and other misconduct. Businesses must also train employees on how to use the hotline and on the importance of non-retaliation, and maintain records of the whistleblower complaints they receive for at least five years. Companies are allowed to outsource the management of their hotline to a third-party service provider.

Anonymous report intake and management

Whistleblowers are allowed to submit reports in writing, verbally, or in person, and the company must preserve a record of every report submitted. Anonymous reports are allowed under Slovakian law, and must be handled with the same attention and care as reports from named whistleblowers. If a company receives an anonymous report and that person’s identity later becomes known, they are eligible for the law’s anti-retaliation protections just like any other whistleblower.

What are the risks of non-compliance?

Companies that violate Slovakia’s whistleblower law either by failing to implement a whistleblower program or by retaliating against a whistleblower can be subject to regulatory enforcement and fines up to €100,000. Individuals found liable for retaliating against a whistleblower can face fines up to €6,000.