apply national criteria for using an external channel
1. Regulatory Concept & Core Standards
Today we will learn to apply national criteria for using an external channel. 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. Slovenia has several external reporting authorities. Choice depends on subject and competence. Distinguish reporting a breach, support for the person and statistical reporting to KPK.
External reporting depends on national law, subject and territorial or sectoral competence. Some regimes allow direct choice, while others impose conditions. Public disclosure is a separate route. Organisations must explain correctly without adding unlawful barriers or guaranteeing protection regardless of route.
Apply the following rule: Article 13 permits direct external reporting where the internal route is absent, would be ineffective, or the person believes there is a risk of retaliation. Choose the authority by the subject of the breach. KPK is not the sole authority for every matter; it also provides support and statutory protection functions. Public disclosure has separate article 18 conditions. Advice, statistical reporting and reporting a breach are different services.
2. Practical Implementation & Procedure
Gather essential facts and identify the subject. Check the recipient and any external-reporting conditions. Record relevant information about retaliation risk or expected ineffectiveness. Use current official contacts and distinguish consultation from a formal report. 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
An employee of a supervised company finds the regulator’s internal employment channel instead of its external route. That channel addresses a different work environment. 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 submission? 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 channel’s legal role and the authority’s competence. The institution’s name is insufficient; use current external-reporting guidance.
One mistake to avoid is: choosing a form solely by the institution's name.
Now apply the national rule to a second decision. An advice page is listed as the sole recipient of every report. What is missing?
A competence check. Select the authority by the breach and article 13 external-route conditions. KPK has support and other statutory duties but is not the only competent authority. Distinguish advice, reporting and public disclosure.