On May 4, 2023, the Act on Protection of Persons, Reporting Information, or Publicly Disclosing Information about Breaches (Whistleblowers Protection Act), came into effect. The Act is the internal transposition of EU Directive 2019/1937 of the European Parliament and of the Council from October 23, 2019, regarding the protection of whistleblowers on violations of Union law. This law is in continuation of the directive and aims to protect whistleblowers who report violations of Union law.
The subject of this Act is to regulate the conditions, procedures, and measures for protection of persons in the public and private sectors, who report information, or publicly disclose information about breaches in the Bulgarian legislation, or acts of the European Union, that endanger or damage the public interest, as well as the terms and conditions for submitting and considering such information or publicly disclosed information.
This Act shall also apply to people related to persons, sending information or publicly disclosing information about breaches.
This Act shall not repeal the rules of the current legal framework, that provides the existence of different authorities with powers to check information in different spheres of the public sector.
The purpose of the Act shall be to ensure the protection of persons in the public and private sectors, who report information or publicly disclose information about breaches of Bulgarian legislation or acts of the European Union, which came to their knowledge during or on the occasion of the performance of their work or official duties, or in another work context.
“CXG Outsourcing” EOOD is an obligatory entity under this law.
Both the Whistleblower Protection Act and the Directive focus on the security of whistleblowers.
For this purpose, "CXG Outsourcing" EOOD developed and implemented the current policy, which creates organizational prerequisites:
"Company" – CXG Outsourcing EOOD, UIC 200756313, headquartered in Sofia, 1324, 25 Prof. Petar Dertliev Blvd.
"APPRIPDIB"/"The Act" - Act on protection of persons, reporting information, or publicly disclosing information about breaches.
"Employee, responsible for handling information reports" – Company’s employee responsible for receiving, registering and reviewing the reports.
"CPDP" – Commission for Personal Data Protection
"External Channel" - The central authority for external whistleblowing and for the protection of persons to whom such protection is provided in the sense of the APPRIPDIB is the Commission for Personal Data Protection.
"Internal Channel" – Company`s internal whistleblowing channel;
"Publicly Disclosing Information" – Publicly disclosed information about breaches of Bulgarian legislation or EU acts annexed to the law.
"A whistleblowing person" - Anyone who within a work context becomes aware of a committed or impending violation and reports it.
This Act shall apply to report information or public disclosure of information regarding:
(2) This Act shall also apply to reports or public disclosure of information about breaches of Bulgarian legislation regarding:
(3) When sectoral acts of the European Union, as listed in Part II of the Annex, contain specific reporting rules, those rules, whether established in the sectoral acts or in national provisions, will take precedence. This Act applies to matters not explicitly regulated by the relevant sectoral acts and national regulations.
Proceedings are not initiated, and APPRIPDIB reports are not considered in the following cases:
Protection under this Act shall be provided to a whistleblower from the moment the report is filed or the information about a violation is made public.
A whistleblower within the meaning of the Act shall be a person, who files a report of information or publicly discloses information about a breach, that has come to his knowledge in his role as:
Protection under this Act shall also be granted to:
A person reporting violations through an internal or external channel under APPRIPDIB shall be entitled to protection when the following conditions are met simultaneously:
Any kind of retaliation against individuals who publicly disclose information about a breach, involving repressive actions or placing them at a disadvantage, as well as threats or attempts at such actions, are strictly prohibited. This includes:
A report may be submitted in writing, via e-mail, or verbally. A report can be submitted personally or through an Authorized Person.
Submitting a report in writing
A written report should be submitted using a specified form. The Bulgarian form can be downloaded from HERE. The English form can be downloaded from HERE. It can be sent to the Company through one of the following two methods:
You can include any supporting information, references to documents, or data on individuals who can confirm or provide additional information with your report.
Submitting a verbal report
Submitting a verbal report can be done:
When submitting a report through a personal meeting, the reporting individual should coordinate the meeting time to ensure it falls within the Company's established working hours and is convenient for both parties. The verbal report should be documented by completing the specified form. The reporting individual may have the opportunity to sign the report, but in case of refusal, this should be noted.
Considering the potential of quickly preventing a violation or removing the consequences of such a violation, the report should be submitted as a priority through an internal reporting channel, unless the whistleblower is at risk of retaliatory, discriminatory actions or no effective measures will be taken to verify the whistleblower to remedy the violation.
The reports can be submitted through internal or external reporting channel or through both channels.
By Order No175/05.12.2023, the Company's Manager appoints Stanislava Plamenova Ivanova, holding the position of "Head of Human Resources Department" at "CXG Outsourcing" EOOD, as the designated Official who shall be responsible for handling reports under APPRIPDIB.
Stanislava Plamenova Ivanova is responsible for the functions of receiving, registering, and reviewing the reports.
In the event of a conflict of interest arising during the process of receiving, registering, or considering a specific report, Ralitsa Dimitrova Valova, hired on the position of "Office Manager" at the company, will assume the primary role in these functions and is designated as backup member of the APPRIPDIB team.
If a conflict of interest arises regarding the report involving Stanislava Ivanova and Ralitsa Valova, the Company's Manager will issue an order appointing another individual from the Company, whose actions will not conflict with the specific report.
The official responsible for reports under APPRIPDIB follows the current sequence of factual and legal actions when addressing each report:
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