WHISTLEBLOWERS

1.   The Law on the Protection of Persons Reporting Breaches of Union and National Law of 2022 (Law 6(I)/2022) (hereinafter referred to as "the Law") introduces provisions for the protection of whistleblowers who disclose information and data that came into their possession or to their knowledge within the work context, relating to specific violations of Union and/or national law. The Human Resource Development Authority of Cyprus (HRDA), as a legal entity governed by public law, falls within the scope of the Law.

2.   The protection of whistleblowers requires reports to be made either openly or anonymously, provided that there are reasonable grounds to suspect that the reported information is true. However, the Law also applies in cases where an anonymous report is later linked to an identified informant who suffers retaliation. Reports are handled with complete confidentiality by strictly authorized persons.

3.   Whistleblowers

Whistleblowers may include:

• Employees
• Self-employed individuals
• Shareholders of companies
• Members of a company's administrative, management, or supervisory body
• Volunteers
• Interns/trainees, regardless of whether they receive remuneration
• Persons working under the supervision or direction of contractors, subcontractors, and suppliers
• Persons who acquired the information in the work context but are no longer employed by or providing services to the employer
• Persons who obtained the information during the recruitment process or any stage prior to the conclusion of an employment contract or the commencement of an employment relationship

Whistleblowers may also include persons who, while not submitting the report themselves, are associated with the whistleblower and belong to one of the following categories:

• Intermediary: A person who has assisted the whistleblower in the reporting process and has kept this assistance confidential.
• Persons connected to the whistleblower, e.g., colleagues or relatives by blood or marriage up to the fourth degree (parents, siblings, uncles/aunts, and first cousins).
• Legal entities owned by or associated with the whistleblower. 

4.   Reporting

Reports may be submitted in the following forms:

Internal report: Verbal or written submission of information on violations within HRDA via an internal reporting channel.

External report: Verbal or written submission of information on violations within HRDA to a competent authority via an external reporting channel.

Public disclosure: Making information about violations available to the public under the conditions outlined in the Law.

Protected Reports

To be protected under the Law, reports must relate to violations of national or European Union (EU) law. Violations of national rules may include:

• Committing a criminal offense (e.g., acts of corruption)
• Violating a legal obligation imposed by the laws or regulations of the Republic
• Violations endangering public safety or health
• Violations causing or likely to cause environmental damage

Reported violations may relate to the following EU sectors:

• Public procurement
• Financial services, products, and markets
• Money laundering
• Terrorist financing
• Product safety
• Transport safety
• Environmental protection
• Radiation protection and nuclear safety
• Food safety, feed safety, animal health, and animal welfare
• Public health
• Consumer protection
• Privacy, personal data protection, and cybersecurity
• Safeguarding the EU’s financial interests
• Competition and state aid
• Corporate taxation or tax arrangements aimed at gaining tax advantages

The Law does not cover reports concerning national security or defense-related matters, unless regulated by specific EU legal acts.

5.   Submission of an Internal Report

The HRDA is legally required to establish an internal reporting channel. The Internal Auditor of the HRDA has been designated as the internal reporting officer.
Internal reports are submitted via a secure complaint platform.
 

6.   Secure Complaint Platform

To fully comply with the Law, the HRDA has adopted a reporting platform that meets legislative requirements, offering a secure tool for submitting reports.
A whistleblower can submit a report through the HRDA platform with the following considerations:

• Reports can be submitted from any digital device (PC, tablet, smartphone).
• Reports may be submitted either openly or anonymously.
• In cases of anonymous reporting, anonymity is fully protected; however, the report must be detailed enough to be considered.
• Reports are submitted by completing a questionnaire.
• The questionnaire includes mandatory and optional fields, designed to obtain comprehensive information for the investigation process.
• Upon submission, the whistleblower receives a 16-digit reference code, which must be kept for accessing the report, checking responses, and communicating with the internal reporting channel.
• The internal reporting officer handles the report while maintaining the whistleblower’s confidentiality.
• Communication between the whistleblower and the internal reporting officer can occur via the platform, email, or telephone.

7.   Procedure for Receiving and Monitoring Internal Reports

The main steps in the internal reporting process include:

• Submission of the report through the platform.
• Receipt of the report by the internal reporting officer, who registers it in the “Internal Reports Archive” under strict confidentiality.
• Acknowledgment of receipt within seven (7) days of submission.
• Evaluation of claims to determine the seriousness and accuracy of the complaint.
• Follow-up actions, where necessary, may include:
  • Internal investigation
  • Initiation of legal proceedings
  • Referral to a competent authority for further investigation
• If additional information is required, the whistleblower will be contacted.
• If there is insufficient evidence, the process is terminated.
• The whistleblower will be notified of the findings, actions taken, and investigation progress within three (3) months from the acknowledgment of receipt.

8.   Legal Protection

If retaliation occurs against a whistleblower, they may take legal action and claim compensation for any damages suffered.

The Law also provides compensation rights for persons harmed by false, misleading, or inaccurate reports or public disclosures, with penalties of up to three (3) years of imprisonment, a fine of up to €30,000, or both.
 

9.   HRDA's Jurisdiction

As stated above, the HRDA is responsible solely for violations of national and EU law within its capacity as an internal reporting channel.

Whistleblowers who wish to submit an external report to a competent authority can refer to the official list of competent authorities for external reporting, available on the website of the Ministry of Justice and Public Order (www.mjpo.gov.cy).

Note: If a whistleblower submits both an internal and an external report, the internal reporting process will be terminated.

You can submit your report at: https://whistleblowing.anad.org.cy.