Module Learning Objective

organise independent assessment and preserve relevant material

1. Regulatory Concept & Core Standards

Today we will learn to organise independent assessment and preserve relevant material. Throughout the video, consider the difference between knowing a rule and applying it to a decision. We will work through an example, identify a possible failure and develop a response that can be used at work. The private company Horizont is entirely fictional. It has 120 employees on 1 January and, in this model, is neither a public contracting authority nor subject to the special AML regime. An identified employee reports changed purchasing criteria and an alleged personal benefit. All people, documents and events are fictional.

The report concerns the procurement manager, so automatic forwarding to that manager is inappropriate. The competent person checks impartiality, scope and the risk of losing versions. Preservation is not a finding of guilt. Assess other applicable legal duties without postponing them until internal work ends.

Apply the following rule: The general Act does not require anonymous reports to be accepted. Protection may arise when the identity of an initially anonymous author becomes known to someone capable of retaliation. Special anti-money-laundering obligations to accept anonymity must not be omitted.

2. Practical Implementation & Procedure

Use an authorised impartial person, record dates and lawfully preserve relevant history. Ask proportionate questions and plan assessment within 30 days from receipt. An extension needs statutory complexity; it is not an automatic reserve. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

A planned migration will remove old versions. The competent person arranges proportionate lawful preservation, explains its purpose and avoids uncontrolled disclosure to the manager. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: What must be checked before automatically allocating to procurement? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

The statutory role, impartiality and access rights. A category must not send the case to an implicated person. Maintain deadlines and preserve threatened material.

One mistake to avoid is: automatically forwarding to the implicated manager.

Now apply the national rule to a second decision. The form always requires a name and identity document, but the page advertises anonymity. How should this be corrected?

First apply the national regime and define what the channel actually offers. Where identity is unnecessary, do not require it for technical convenience. Where it is a condition for a particular status, explain that before submission. Correct the fields and public information together while preserving material already received.

National Legal Framework: Zákon č. 171/2023 Sb. (Whistleblower Act), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.