Internal Whistleblowing System
in accordance with Section 8(1)(b) of Act No. 171/2023 Coll., on the Protection of Whistleblowers, and in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), which lays down rules on the protection of individuals regarding the processing of personal data and on the free movement of such data.
Implemented by the Real Estate Intermediary: Peter Schier, ID No.: 86608070, registered office at Pod Kavalírkou 1300/5, Košíře, 150 00 Prague 5 (hereinafter the "Real Estate Intermediary")
1. Introduction
Since its inception, the Real Estate Intermediary has placed great importance on its reputation, striving for honest, lawful, ethical, and transparent conduct both internally and in dealings with clients, suppliers, and third parties. Unlawful conduct is not tolerated, and the Intermediary aims to eliminate the risk of such behaviour by collaborators or other persons.
This internal whistleblowing system enables the reporting of potential unlawful conduct and protects whistleblowers from retaliation.
The aim is to create an environment where individuals can report suspicions of criminal offences, misdemeanours, or other harmful acts without fear of reprisal, and to ensure that such reports are properly investigated and addressed. A key priority is to protect whistleblowers in line with the law.
2. Submitting and Assessing Reports of Potential Unlawful Conduct
A. What Can Be Reported?
A.1 Act No. 171/2023 Coll., on the Protection of Whistleblowers (hereinafter referred to as the “Whistleblower Protection Act”), governs the types of reports that may be submitted through the internal whistleblowing system, specifically as defined in Section 2 of the Whistleblower Protection Act.
A.2 It concerns potential unlawful conduct that has occurred or is likely to occur within an entity for which the whistleblower – even indirectly – has performed or is performing work or a similar activity, or within an entity with which the whistleblower has been or is in contact in connection with such work or similar activity, and which:
a) constitutes a criminal offence,
b) violates the Whistleblower Protection Act, or
c) breaches another legal regulation or a regulation of the European Union in the area of:
1. financial services, statutory audits and other assurance services, financial products, and financial markets,
2. corporate income tax,
3. prevention of money laundering and terrorist financing,
4. consumer protection,
5. compliance with product requirements, including product safety,
6. transport safety, traffic, and road operation,
7. environmental protection,
8. food and feed safety, and protection of animal health and welfare,
9. radiation protection and nuclear safety,
10. competition, public auctions, and public procurement,
11. protection of public order and safety, life and health,
12. protection of personal data, privacy, and the security of electronic communications networks and information systems,
13. protection of the European Union’s financial interests, or
14. functioning of the internal market, including the protection of competition and state aid under EU law.
A.3 If the report does not concern conduct that constitutes a criminal offence, the reported conduct must involve a breach of regulations falling within one of the areas listed above under points 1 to 14.
A.4 Work or other similar activity, as defined in Section 2(3) and (4) of the Whistleblower Protection Act, includes:
a) dependent work performed under an employment relationship,
b) service,
c) self-employment,
d) exercise of rights associated with participation in a legal entity,
e) performance of duties as a member of a governing body of a legal entity,
f) fulfilment of tasks within the activities of a legal entity, in its interest, on its behalf, or at its expense,
g) management of a trust fund,
h) voluntary work,
i) professional practice or internship,
j) exercise of rights and obligations under a contract for the supply of goods, services, construction works, or similar performance.
A.5 For the purposes of this Act, work or other similar activity also includes applying for such work or similar activity.
B. How Can a Report Be Submitted?
B.1 A report may be submitted through the internal whistleblowing system of the Real Estate Intermediary (hereinafter the “designated person”), to the Ministry of Justice of the Czech Republic, or made public under the conditions set out in Section 7(1)(c) of the Whistleblower Protection Act.
B.2 The designated person is the individual appointed by the Real Estate Intermediary to receive and assess the validity of reports of potential unlawful conduct and, where justified, to propose corrective or preventive measures.
The designated person is: Peter Schier
In carrying out this role, he acts impartially and is bound by confidentiality.
B.3 Reports may be submitted to the designated person, Mr Peter Schier, using one of the following methods:
1) In writing – by delivering a sealed envelope marked “INTERNAL WHISTLEBLOWING SYSTEM” and “Confidential – Do Not Open” to:
Peter Schier, Pod Kavalírkou 1300/5, Košíře, 150 00 Prague 5
2) Electronically – via email to: mail@youlive.cz
3) By phone – at: +420 739 759 590, after which a personal meeting with the whistleblower will be arranged.
C. What Is the Procedure Upon or After Receipt of a Report?
C.1 A report may be submitted through the internal whistleblowing system either orally or in writing (see Sections B.1 to B.3). If requested by the whistleblower, the designated person must receive the report in person within a reasonable timeframe, but no later than 14 days from the date of the request.
C.2 The designated person must confirm receipt of the report to the whistleblower in writing within 7 days of receipt, unless:
a) the whistleblower has explicitly requested not to be notified, or
b) such notification would result in disclosing the identity of the whistleblower to another person.
C.3 The designated person is required to assess the validity of the report and notify the whistleblower in writing of the outcome within 30 days from the date of receipt. In factually or legally complex cases, this deadline may be extended by up to 30 days, and may be extended a second time, for a maximum of two extensions. The designated person must inform the whistleblower in writing about the extension and the reasons for it before the original deadline expires. Section C.2 applies accordingly.
C.4 If, during the assessment, the designated person determines that the report does not fall under the scope of the Act, they shall notify the whistleblower in writing without undue delay.
C.5 If the report is deemed valid, the designated person will propose appropriate measures to prevent or remedy the unlawful situation to the obligated entity. If the report concerns an entity for which the whistleblower does not perform work or a similar activity, the designated person may propose measures to the entity for which the whistleblower does perform such work or activity, provided this is not excluded by the nature of the case. If the obligated entity fails to adopt the proposed measures, it must implement other appropriate corrective actions. This does not apply if the proposed measure concerns a different entity than the one that appointed the designated person. The obligated entity shall promptly inform the designated person of the measure taken, and the designated person shall, in turn, inform the whistleblower without undue delay. Section C.2 applies accordingly.
C.6 If the report is assessed as unfounded, the designated person shall, without undue delay, inform the whistleblower in writing that, based on the facts presented and the circumstances known, no suspicion of unlawful conduct has been identified, or that the report was found to be based on false information. The whistleblower shall also be informed of their right to submit the report to a public authority.
C.7 An oral report shall be recorded as an audio recording or in a written record faithfully capturing its content. An audio recording may only be made with the whistleblower’s consent. The designated person or authorised employee must allow the whistleblower to review and comment on the record or transcript of the recording, if made. The whistleblower’s statement shall be attached to the record or transcript.
D. Confidentiality, Record-Keeping, and Retention of Reports
D.1 The designated person must not disclose any information that could compromise or jeopardise the purpose of whistleblowing. This obligation also applies to any third party who gains access to reports or to the data records of submitted reports in violation of Section 21(3) of the Whistleblower Protection Act.
D.2 Information revealing the identity of the whistleblower may only be disclosed with their written consent, unless the designated person is legally obliged to provide such information to public authorities under other legal regulations. If the designated person provides identifying information to a public authority, they must notify the whistleblower in advance and inform them of the reasons for the disclosure, allowing the whistleblower to comment on the release of such information.
D.3 The designated person is required to maintain an electronic record of received reports, including:
a) the date the report was received,
b) the whistleblower’s name, surname, date of birth, and contact address, or other data from which their identity can be inferred, if such data is known,
c) a summary of the report's content and the identity of the person the report concerns, if known,
d) the date the assessment was concluded and the outcome.
D.4 The designated person must retain reports submitted via the internal whistleblowing system, along with related documents, for five years from the date of receipt.
D.5 Access to the records referred to in Section D.1, the related documentation, and the stored reports as described in Section D.2, is restricted exclusively to the designated person when the report was submitted via the internal system.
E. Option to Report to the Ministry of Justice, or
In Case of an AML Violation, to the Financial Analytical Office (FAÚ)
In accordance with Section 16(1) of the Whistleblower Protection Act, persons performing work or similar activities as defined in Section 2(3) and (4) of the Act may also submit their report to the Ministry of Justice.
However, if the report concerns a violation of Act No. 253/2008 Coll., on Certain Measures Against the Legalisation of Proceeds from Crime and the Financing of Terrorism (the AML Act), the report must be submitted through the Financial Analytical Office’s (FAÚ) reporting system.
This internal whistleblowing system of the Real Estate Intermediary is published at www.youlive.cz
This system takes effect on 2 May 2025.
Prague, 2 May 2025
Peter Schier
(Real Estate Intermediary)