The whistleblowing channel is based on the Act on the Protection of Persons Reporting Infringements of European Union and National Law (Whistleblower Protection Act). Anyone who, in the course of their work or other duty, becomes aware of or discovers an abuse within the meaning of the Act in the activities of LUT University, may report the abuse through the whistleblowing channel. By doing so the whistleblower obtains whistleblower protection if meeting the conditions of the Whistleblower Protection Act.
What are the issues for which protection is available?
To be eligible for whistleblower protection, a whistleblower must follow the Whistleblower Protection Act. The Whistleblower Protection Act provides protection to persons who report acts which are punishable as a criminal offence, give rise to a punitive administrative sanction or jeopardise meeting the goals of general interest pursued by the law or omissions which are to be regarded as infringements of certain European Union regulations or national laws in the following areas of legislation:
- public procurement, with the exception of defence and security procurement;
- financial services, products and markets;
- the prevention of money laundering and terrorist financing;
- product safety and compliance;
- transport safety;
- environmental protection;
- radiation and nuclear safety;
- food and feed safety and animal health and welfare;
- public health within the meaning of Article 168 of the Treaty on the Functioning of the European Union;
- consumer protection;
- protection of privacy and personal data and security of network and information systems.
In addition, protection is available if you declare:
- a breach of any law or regulation relating to the financial management of the European Union or to the implementation of collection of Union revenue or funds;
- a breach of the law or conditions governing the granting, use or recovery of European Union or national subsidies or State aid;
- infringement of European Union or national competition rules;
- an infringement of European Union or national legislation on the taxation of companies and entities or an arrangement to obtain a tax advantage contrary to the object or purpose of such legislation; or
- an infringement of European Union or national legislation other than that referred to in paragraph number 10 which is designed to protect consumers.
Who is eligible for protection?
Protection is available to a whistleblower who, in the course of or in connection with his or her work/activity, becomes aware of any of the infringements referred to above. A whistleblower will be protected if he or she has reasonable grounds to believe that the information about the breach is accurate at the time it is reported and that such information falls within the scope of the law and that the breach is primarily reported through the organisation's own reporting channel, unless otherwise specified. The protection also requires that the whistleblower does not disclose the information prior to, or during, the processing of the report.
What does the protection cover?
The whistleblower or any other person must not be retaliated against for the reason that the whistleblower makes a report or disclosure under the Act. Retaliation includes adverse consequences to an employee, supplier, shareholder or board member for having reported or disclosed information about an infringement. Conduct intended to prevent the making or publication of a notification or disclosure is also prohibited.
How to make a notification?
A notification is made via a link available on this website. In order to ensure the investigation of the case, the notifier must always provide his/her name and contact details. Anonymous notification or notifications with false names or contact details will not be investigated under the Whistleblower Protection Act. Notifications will be received in writing and further investigation may be either written or oral, or both, as appropriate.
A whistleblower may file a report with the Chancellor of Justice of the Council of State or the competent authority and obtain protection under the Act if
- the reporting channel is not available to the reporter,
- the notifier has reasonable grounds to believe that the internal notification has not been followed up within the statutory time limit,
- the notifier has reasonable grounds to believe that the infringement cannot be effectively addressed on the basis of the internal notification; or
- the notifier has reasonable grounds to believe that he is at risk of retaliation.
How are notifications handled?
Notifications received in the channel are handled by persons designated by the institution. Notifications under the Whistleblower Protection Act are handled in the manner required by the legislation. All notifications received are recorded and stored in the manner required by the legislation, taking into account confidentiality provisions. The notifier will be given an acknowledgement of receipt of the notification within seven days of receipt of the notification. Any necessary follow-up action will be taken as soon as possible. Within three months, the notifier will be informed of the action taken on the notification.