The Parliamentary
Committee on Legislation
Addressed to László Kövér, Speaker of the National Assembly
Subject: Submission of a single proposal
Submitted by President Csaba Hende
Title of the draft law: on complaints, notifications of public interest and rules on reporting abuse
Pursuant to Article 46 (10) paragraph 10 of OGY Decision No. 10/2014 (24.II.) on certain
provisions of the Rules of Procedure of the Parliament (hereinafter: OGY), the proposer has sent the
draft bill No. T/3089 on complaints, notifications of public interest and rules on the notification of
abuse, and the draft summary amendment proposal (hereinafter: draft unified proposal), drafted and
countersigned.
Having examined the single draft proposal, I have found that it properly incorporates the combined
text of the bill and the summary amendment, and therefore, Section 46 of the FRA
(11)(a), I submit it as a single proposal.
Document number: T/3089/11.
Date of submission: 2023-04-06 16:06
Parlex ID: MVFGT1IS0004
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2023 ………….Act
on complaints, whistleblowing and rules on reporting abuse
The National Assembly, committed to increasing public confidence in the functioning of public
bodies, recognising the importance of whistleblowing in improving the functioning of private and
public sector employers and public bodies, is committed to increasing the level of protection of
fundamental values and rights enshrined in the Fundamental Law, having regard to the public
interest in protecting the Hungarian way of life, and to Hungary’s obligations under international
law and EU law in the context of the fight against corruption, and ensuring the necessary measures
to protect whistleblowers as fully as possible, hereby enacts the following Act:
I. Chapter
The complaint and the declaration of public interest
1. Investigation of complaints and notifications of public interest
1. §
(1) State bodies and local government bodies must deal with complaints and notifications of public
interest in accordance with this Act.
(2) A complaint is a request for redress for a violation of an individual right or interest, which is not
subject to any other procedure, in particular judicial or administrative. The complaint may also
contain a proposal.
(3) A public interest report draws attention to a circumstance the remedying or removal of which is
in the interest of the community or society as a whole. A public interest report may also contain a
proposal.
2. §
(1) Any person may lodge a complaint or a statement of public interest with the body competent to
deal with the subject matter of the complaint or statement of public interest (hereinafter referred to
as “the body competent to deal with the complaint or statement of public interest”). The body
competent to deal with the complaint or statement of public interest shall record the oral complaint
or statement in writing and provide a copy to the complainant or the person lodging the complaint
or statement of public interest.
(2) If a complaint or a notification of public interest has not been lodged with the body entitled to
initiate proceedings, the complaint or notification of public interest must be transferred to the body
entitled to initiate proceedings within eight days of receipt. The transfer shall be notified to the
complainant or the person lodging the public interest report at the same time as the transfer. If the
notification of public interest contains a proposal for the drafting or amendment of legislation, it
shall also be sent to the person or body with legislative competence.
3. §
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(1) Unless otherwise provided by law, complaints and notifications of public interest must be dealt
with within thirty days of their receipt by the body entitled to act.
(2) If the investigation leading to the settlement of a complaint or a notification of public interest is
expected to take more than thirty days, the complainant or the person lodging the notification of
public interest shall be informed thereof, indicating both the expected date of settlement and the
reasons for the extension of the investigation. The time limit for the handling of the complaint or the
public interest report shall not exceed six months.
(3) The body entitled to initiate the procedure shall keep in contact with the complainant and the
person lodging the complaint or the notification of public interest, and may invite him or her to
supplement or clarify the complaint or the notification of public interest, to clarify the facts and to
provide additional information. The body responsible for the procedure shall hear the complainant
or the whistleblower where the content of the complaint or the notification of public interest so
requires.
(4) If, in the course of the examination of the complaint or the notification of public interest, the
body responsible for the procedure finds that the handling of the complaint or the notification of
public interest falls within the scope of another procedure,
a) to initiate other proceedings if it has the power to do so,
b) referral to another body entitled to initiate or conduct proceedings, in the absence of such
powers and responsibilities
without delay, and shall at the same time inform the complainant or the whistleblower.
(5) If it becomes apparent to the body responsible for the procedure that the complainant or the
person lodging the public interest report has provided false information or data in bad faith, it may
terminate the investigation which gave rise to the complaint or the public interest report without
taking any action.
(6) In dealing with a complaint or a notification of public interest, the body entitled to take action
shall act in accordance with the rules on the protection of personal data and other data, in particular
classified data and legally protected secrets.
4. §
(1) The examination of a repeat complaint or a repeat notification of public interest with the same
content from the same complainant or whistleblower may be waived.
(2) Except in the case provided for in paragraph (1), the examination of the complaint may be
waived if the complainant lodged the complaint after six months from the date on which he became
aware of the act or omission complained of. The body responsible for the procedure shall refrain
from examining a complaint lodged more than one year after the act or omission complained of
occurred.
(3) The body responsible for the procedure shall refrain from examining a complaint or a public
interest report lodged by an unidentified person.
(4) The body responsible for the procedure shall waive the application of paragraph 3 and shall
examine the complaint or the notification of public interest if the complaint or notification of public
interest is based on a serious breach of a right or interest.
5. §
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(1) On the basis of a complaint or a public interest report, if substantiated, you must ensure that.
a) the restoration of the lawfulness or the public interest, or otherwise
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to take the necessary measures,
b) to eliminate the causes of the errors found,
c) redress for the harm caused, and
d) initiate proceedings for prosecution in justified cases.
(2) When dealing with a complaint or a notification of public interest, the body entitled to take
action shall immediately notify the complainant or the notifying party in writing of the action taken
or not taken, stating the reasons for the action, with the exception of classified information or
secrets protected by law.
(3) The written notification may be waived if the complainant or the person lodging the complaint
or the notification of public interest has been informed orally of the handling of the complaint or the
notification of public interest and has taken note of the information.
6. §
(1) Except as provided for in paragraph 4, the complainant or the person lodging a public interest
report shall not suffer any disadvantage as a result of lodging a complaint or a public interest report.
(2) The personal data of the complainant or the whistleblower may, except as provided for in
paragraph (4), be disclosed only to the body competent to conduct the proceedings initiated on the
basis of the complaint or the public interest report, if that body is entitled to process the data by law
or if the complainant or the whistleblower has consented to the disclosure of the data. The personal
data of the complainant and the whistleblower shall not be disclosed without their consent.
(3) Persons investigating a complaint or a notification of public interest may share information
concerning the content of the complaint or notification of public interest, the other natural person or
legal entity concerned with the department or staff member of the body entitled to initiate the
procedure.
(4) If it has become apparent that the complainant or whistleblower has communicated false data or
information in bad faith and
a) where there are indications that a criminal offence or irregularity has been committed,
personal data must be handed over to the authority or person responsible for the procedure,
b) there are reasonable grounds for believing that he or she has caused unlawful damage or other
legal harm to another person, his or her personal data must be disclosed at the request of the
authority or person entitled to initiate or conduct the proceedings.
(5) Where the public interest report concerns a natural person, the personal data of the natural
person, in the exercise of his or her right of information and access under the provisions on the
protection of personal data, shall not be disclosed to the person requesting the information.
2. The secure electronic system for public interest reporting
7. §
(1) The public interest report may also be made through the secure electronic system for public
interest reports (hereinafter referred to in this Chapter as the “electronic system”). The operation of
the electronic system for lodging and registering notifications of public interest shall be ensured by
the Commissioner for Fundamental Rights.
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(2) Personal data may be processed in the electronic system only for the purposes of investigating
the public interest report and contacting the whistleblower.
(3) Unless otherwise provided for in this Chapter, paragraphs (2) and (4) of Article 6 shall apply to
the transmission of personal data processed in an electronic system, and the exercise of the right of
information and access to personal data under the provisions on the protection of personal data shall
be subject to the
Paragraph 6(5) shall apply.
(4) The name and address of the whistleblower shall be stored in the electronic system to identify
the whistleblower.
8. §
(1) If the notifier of public interest has submitted a public interest report in accordance with § 7.
(4) – shall be automatically assigned a unique identification number.
(2) The Commissioner for Fundamental Rights shall make available to the public on the website of
his or her office a short summary of the content of the public interest report submitted via the
electronic system, without any personal and individual institutional data, and the status of its
processing, on the basis of a unique identification number. After the case has been closed, the name
of the body concerned by the public interest report and, if different, the name of the body entitled to
act shall also be made available.
(3) The electronic system must be designed to
a) to ensure communication with the whistleblower, and
b) ensure that the notifier of public interest can print and electronically record the full content of
the notification of public interest.
9. §
(1) When making a public interest report to the Commissioner for Fundamental Rights via the
electronic system, the whistleblower may request that his or her personal data be accessible only to
the Commissioner and his or her office.
(2) In the case referred to in paragraph 1, the Commissioner for Fundamental Rights shall extract
the notification of public interest so that it does not contain any information which would make it
possible to identify the whistleblower.
10. §
Notifications of public interest received in the electronic system – in the case of notifications
pursuant to Section 9 (1), an extract thereof pursuant to Section 9 (2) – shall be forwarded to the
body entitled to proceed.
11. §
The body responsible for the procedure shall deal with notifications of public interest as provided
for in Chapter 1, except that
a) the body entitled to take action shall record the information on its measures in the electronic
system, including information on the non-examination of the public interest report pursuant to
§ 4,
b) in the case referred to in paragraph (1) of Article 9.
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(ba) the whistleblower shall not be heard or orally informed,
(bb) the examination of the public interest report shall not be waived on the grounds that the
public interest reporter
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cannot be identified to the body responsible for the procedure,
(bc) communication with the whistleblower may only be made by means of the electronic
system; and
(bd) the body responsible for the procedure may contact the whistleblower through the office
of the Commissioner for Fundamental Rights and may initiate contact with the
whistleblower without revealing the identity of the whistleblower.
12. §
Data relating to the public interest report, the investigation conducted on the basis of the report and
the measures taken shall be kept in the electronic system for five years from the end of the last
investigative act or measure, for the purpose of protecting the public interest reporter and the
subsequent verifiability of the measures taken in his or her interest, and shall be deleted thereafter.
3. Protection of whistleblowers
13. §
Any measure detrimental to the whistleblower which is taken as a result of a public interest report,
with the exception of the measures provided for in Article 6(4), shall be unlawful even if it would
otherwise be lawful.
14. §
The State shall provide the whistleblower with the assistance provided for in Act LXXX of 2003 on
Legal Aid under the conditions set out therein.
15. §
(1) Except for the case under paragraph (4) of Article 6, a whistleblower who is likely to be
seriously threatened by the disadvantages threatening his/her living conditions because of the
whistleblowing made by him/her shall be considered a public interest whistleblower at risk.
(2) If a natural person who is a whistleblower in the public interest is likely to be at risk within the
meaning of paragraph (1), the existence of these circumstances shall be taken into account when
granting aid pursuant to Article 14.
II. Chapter
Reporting abuse
For the purposes of this
Chapter
4. General provisions
16. §
1. employment relationship: any legal relationship in which an employed person performs an
activity for and under the direction of an employer for consideration or for his/her own
account,
2. employer: a person who employs a natural person in an employment relationship,
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3. Employed person: a natural person who, for remuneration, performs an activity for and under
the direction of an employer within the framework of an employment relationship or who
carries out an activity for his/her own account.
17. §
The provisions of this Chapter shall apply only where a law implementing or complying with a
legal act of the European Union referred to in Annex 1 or a directly applicable legal act of the
European Union of general application referred to in Annex 1 does not lay down different rules for
the notification of certain abuses or infringements and the protection of whistleblowers.
5. Internal abuse reporting system set up by the employer
18. §
(1) An employer who employs 50 or more persons under an employment relationship shall set up an
internal abuse reporting system.
(2) By way of derogation from paragraph 1, it shall establish an internal whistleblowing system,
irrespective of the number of employees.
a) an employer covered by Article 1 (1) and (1a) of Act LIII of 2017 on the Prevention and
Combating of Money Laundering and Terrorist Financing,
b) an employer registered in Hungary and carrying out offshore oil and gas activities as a
licensee or operator outside the borders of the European Union,
c) an employer subject to Regulation (EU) No 376/2014 of the European Parliament and of the
Council of 3 April 2014 on occurrence reporting, analysis and monitoring in civil aviation,
amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and
repealing Directive 2003/42/EC of the European Parliament and of the Council and
Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007, and
d) the operator of a Hungarian and non-Hungarian flagged floating installation operating in the
territory of Hungary.
(3) Employers with at least 50 and up to 249 persons in an employment relationship may jointly set
up an internal abuse reporting system.
(4) An employer may establish an internal abuse reporting system even if no such obligation exists
under this Act.
19. §
(1) The internal abuse reporting system may, with the exception of paragraph 2, be operated by an
impartial person or department within the employer designated for that purpose.
(2) An internal whistleblowing system can be operated under contract by a whistleblowing lawyer
or other external organisation. Where an external organisation is engaged, the rules of conflict of
interest and impartiality applicable to the whistleblower protection lawyer apply to the external
organisation.
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20. §
(1) You can report information about illegal orsuspected illegal acts or
omissions or other misconduct to the internalabuse reporting system
(2) You can report to the internal abuse reporting system
a) employed by the employer,
b) an employed person whose employment relationship with the employer has been terminated,
and
c) a person who wishes to establish an employment relationship with an employer and for whom
the procedure for the establishment of such a relationship has been started.
(3) You can report to the internal abuse reporting system
a) the self-employed person, the sole proprietor, the sole proprietorship, if it has a contractual
relationship with the employer,
b) a person with an ownership interest in the employer and a member of the employer’s
administrative, management or supervisory body, including a non-executive member,
c) a contractor, subcontractor, supplier or person under the supervision and control of a trustee
who has started a procedure for establishing a contractual relationship with the employer, or
who is or has been in a contractual relationship with the employer,
d) trainees and volunteers working for the employer,
e) a person who wishes to establish a legal or contractual relationship with the employer within
the meaning of (a), (b) or (d) and for whom the procedure for the establishment of such a
legal or contractual relationship has been started, and
f) a person who has ceased to have a legal or contractual relationship with the employer within
the meaning of (a), (b) or (d).
21. §
(1) The notifier may make the notification in writing or orally. An oral notification may be made by
telephone or other voice messaging system or in person.
(2) If a recorded telephone line or other recorded voice messaging system that requires the consent
of the whistleblower is used as part of the internal whistleblowing system, the operator of the
internal whistleblowing system shall
a) – after having been informed in accordance with the provisions on the protection of personal
data, in a durable and retrievable form; or
b) in writing and, subject to the possibility of verification, correction and acceptance by
signature, provide a copy to the notifier.
(3) Where the internal whistleblowing system does not use the recorded systems referred to in
paragraph 2, the operator of the internal whistleblowing system shall record the oral report in
writing and provide the whistleblower with a copy, with the possibility to verify, correct and sign it.
(4) If the whistleblower makes his/her report in person, the internal whistleblowing system operator
will take the verbal report
a) – after having been informed in accordance with the provisions on the protection of personal
data, in a durable and retrievable form; or
b) in writing and, subject to the possibility of verification, correction and acceptance by
signature, provide a copy to the notifier.
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(5) A full and accurate record of the verbal report must be made in writing by the operator of the
internal whistleblowing system.
(6) In the case of an oral report, the whistleblower must be made aware of the consequences of
reporting in bad faith, the procedural rules governing the investigation of the report and the fact that
his or her identity, if he or she provides the information necessary to establish it, will be treated
confidentially at all stages of the investigation.
22. §
(1) Within seven days of receipt of a written report made in the internal whistleblowing system, the
operator of the internal whistleblowing system shall send an acknowledgement of the report to the
whistleblower. The acknowledgement shall include general information to the whistleblower on the
procedural and data management rules under this Act.
(2) The operator of the internal whistleblowing system shall investigate the allegations contained in
the report within the shortest time possible under the circumstances, but no later than thirty days
from the receipt of the report.
(3) The time limit provided for in paragraph 2 may be extended in particularly duly justified cases,
provided that the notifier is informed at the same time. In this case, the notifier shall be informed of
the expected date of the investigation and the reasons for the extension. The time limit for the
examination of the notification and the information of the notifier pursuant to Section 24 shall not
exceed three months in the case of an extension.
(4) A whistleblower protection lawyer or other external organisation can be trusted under contract
to assist with the investigation of notifications. Where an external body is engaged, the rules on
conflict of interest and impartiality applicable to the whistleblower protection lawyer apply to the
external body.
(5) During the investigation of the report, the operator of the internal whistleblowing system will
keep in contact with the whistleblower, and may invite the whistleblower to complete or clarify the
report, to clarify the facts and to provide further information.
(6) The examination of the notification may be waived if
a) the notification was made by an unidentified notifier,
b) the notification has not been made by a person entitled to do so under paragraphs (2) and (3) of
Article 20,
c) the application is a repeat application by the same applicant with the same content as the
previous application, or
d) the harm to the public interest or to an overriding private interest would not be proportionate
to the restriction of the rights of the natural or legal person (hereinafter together referred to as
the “person concerned”) resulting from the investigation of the notification.
23. §
(1) The investigation of the notification shall include an assessment of the relevance of the
circumstances set out in the notification and the taking of measures appropriate to remedy the
abuses referred to in Article 20(1).
(2) If the notification justifies the initiation of criminal proceedings, arrangements must be made to
report the matter.
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24. §
(1) The operator of the internal whistleblowing system shall inform the whistleblower in writing of
the investigation or non-investigation of the whistleblowing report and the reasons for the noninvestigation, the outcome of the investigation of the report, and the action taken or planned.
(2) The written information may be waived if the operator of the internal whistleblowing system is
(1) The notifier was informed orally of the information referred to in paragraph 1 and took note of it.
25. §
The operator of the internal whistleblowing system shall provide clear and easily accessible
information on the operation of the internal whistleblowing system, the whistleblowing process, and
the whistleblowing systems and procedures under this Act.
26. §
(1) Within the framework of the internal abuse reporting system
a) to the notifier,
b) the person whose conduct or omission gave rise to the notification, and
c) to the person who may have material information on the subject matter of the notification,
personal data that is essential for the investigation of the notification may be processed only for the
purpose of investigating the notification and remedying or stopping the conduct that is the subject
of the notification, and may be transferred to the whistleblower protection lawyer or external body
involved in the investigation of the notification.
(2) Personal data not covered by paragraph 1 shall be deleted without delay from the data processed
under the internal whistleblowing system.
(3) The processing of personal data processed within the framework of the internal abuse reporting
system is governed by § 6.
(2) paragraph 1 and, as regards the data concerning the notifier, paragraph 6(4) shall apply.
(4) Where the notification concerns a natural person, in exercising his or her right of information
and access under the provisions on the protection of personal data, the personal data of the notifier
shall not be disclosed to the person requesting the information.
(5) The transfer of data processed under the internal whistleblowing system to a third country or an
international organisation may only take place if the recipient of the transfer has given a legal
undertaking to comply with the rules on reporting set out in this Act and subject to the provisions on
the protection of personal data.
27. §
(1) The internal whistleblowing system must be designed in such a way that the personal data of the
whistleblower who discloses his or her identity and of the person concerned by the whistleblowing
cannot be disclosed to persons other than those authorised to do so. Pending the conclusion of the
investigation or the initiation of formal prosecution as a result of the investigation, the persons
investigating the report shall, in addition to informing the person concerned, share information on
the content of the report and t h e person concerned with the other departments or staff of the
employer in the course of the investigation.
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to the extent strictly necessary for the conduct of the proceedings.
(2) The person concerned must be informed in detail about the notification, his or her rights
regarding the protection of his or her personal data and the rules on the processing of his or her data
when the investigation is opened. In accordance with the requirement of a fair hearing, it should be
ensured that the person concerned by the notification can express his or her views on the
notification through his or her legal representative and that he or she can provide evidence in
support of those views. The person concerned may exceptionally be informed at a later stage in duly
justified cases where immediate information would frustrate the examination of the notification.
(3) Paragraphs (1) and (2) shall also apply to a person who may have knowledge of the substance of
the information contained in the notification.
28. §
If the employer lays down rules of conduct protecting the public interest or overriding private
interests for its employees under the conditions set out in Article 9(2) of Act I of 2012 on the
Labour Code, the violation of such rules may be reported in the internal abuse reporting system.
29. §
(1) Compliance with the obligations under this chapter shall be monitored by the employment
monitoring authority.
(2) In the event of a breach of the obligations under this chapter, the provisions of Act CXXXV of
2020 on services and subsidies to promote employment and on the supervision of employment shall
apply, except that fines and prohibition from engaging in any activity shall not apply.
6. The internal whistleblowing system in state and local government
30. §
(1) If the employer
a) public body,
b) local government,
c) a public body or a budgetary body under the direction or control of a local authority, or
d) an organisation or company owned or controlled by the State or local government or by the
persons referred to in points (a) to (c),
Chapter 5 shall apply by way of derogation from this Chapter.
(2) In the case of an employer under paragraph (1) (a) to (c), § 19 (2), § 22 (4), § 26 (5) and § 28
shall not apply.
31. §
(1) An employer under paragraph (1) of Article 30 shall, with the exception of paragraph (2),
establish an internal abuse reporting system.
(2) By way of derogation from paragraph (1)
a) the local government of a municipality with fewer than 10 000 inhabitants, or
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b) the employer specified in points (b) to (d) of paragraph (1) of Article 30, if it employs fewer
than 50 persons under an employment relationship,
set up an internal whistleblowing system.
(3) The internal whistleblowing system may be set up jointly by the local authority and the
budgetary body under its management or control. Local governments and the budgetary bodies
under the control or supervision of the local government may agree to jointly establish and operate
an internal whistleblowing system.
7. The separate abuse reporting system set up by each public body
32. §
(1) Creates a separate abuse reporting system
a) the Directorate-General for Auditing European Aid,
b) the Office of Fair Trading,
c) the Integrity Authority,
d) the Public Procurement Authority,
e) the Hungarian Energy and Public Utility Regulatory Office,
f) the Hungarian National Bank,
g) the National Authority for Data Protection and Freedom of Information,
h) the National Media and Communications Authority,
i) the National Atomic Energy Authority and
j) the Regulated Activities Supervisory Authority.
(2) The Government may, by decree, designate a body under the direction or supervision of the
Government or a member of the Government to establish a separate whistleblowing system.
(3) The separate whistleblowing system may be operated by a person or department within the body
referred to in paragraphs 1 and 2 who is designated for that purpose and who cannot be instructed in
the performance of his or her duties.
(4) Persons designated under paragraph 3 shall receive training on the operation of the separate
abuse reporting system and the handling of reports.
(5) The separate abuse reporting system should be established and operated in such a way that
a) ensure the integrity, integrity and confidentiality of the information contained in the
notification, and
b) allow the information contained in the notification to be stored permanently to enable
subsequent investigations to be carried out.
(6) The bodies referred to in paragraphs 1 and 2 shall ensure that, in the case of reports received
through a channel other than the separate abuse reporting system or received by persons other than
those designated under paragraph 3
a) the persons receiving the notification are not allowed to disclose any information that could
identify the notifier or the person concerned by the notification, and
b) those persons to forward the notification without delay to the persons designated pursuant to
paragraph 3, without amendment.
33. §
(1) The separate abuse-reporting system for unlawful or suspected unlawful
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to report information about an act or omission or other abuse.
(2) Anyone can report to the separate abuse reporting system.
34. §
(1) The notifier may make the notification in writing or orally. An oral notification may be made by
telephone or other voice messaging system or in person.
(2) Where a recorded telephone line or other recorded voice messaging system requiring the
consent of the whistleblower is used as part of the separate abuse reporting system, the operator of
the separate abuse reporting system shall make the verbal report
a) – after having been informed in accordance with the provisions on the protection of personal
data, in a durable and retrievable form; or
b) in writing and, subject to the possibility of verification, correction and acceptance by
signature, provide a copy to the notifier.
(3) Where the systems recorded in accordance with paragraph 2 are not used in the framework of
the separate whistleblowing system, the operator of the separate whistleblowing system shall record
the oral report in writing and provide the whistleblower with a copy, with the possibility to verify,
correct and sign it.
(4) If the whistleblower makes the report in person, the operator of the separate abuse reporting
system will take the verbal report
a) – after having been informed in accordance with the provisions on the protection of personal
data, in a durable and retrievable form; or
b) in writing and, subject to the possibility of verification, correction and acceptance by
signature, provide a copy to the notifier.
(5) The operator of the separate abuse reporting system must keep a full and accurate record of the
written record of the verbal report.
(6) In the case of an oral report, the whistleblower must be made aware of the consequences of
reporting in bad faith, the procedural rules governing the investigation of the report and the fact that
his or her identity, if he or she provides the information necessary to establish it, will be treated
confidentially at all stages of the investigation.
35. §
(1) The operator of the separate abuse reporting system shall, within seven days of receipt of a
report made through the separate abuse reporting system, send an acknowledgement of receipt of
the report to the reporter, unless
a) the notifier has expressly requested that it not be done, or
b) the operator of the separate abuse reporting system reasonably believes that acknowledging
receipt of the report would compromise the protection of the identity of the reporter.
(2) The confirmation pursuant to paragraph (1) shall include general information to the notifier on
the procedural and data management rules under this Act.
36. §
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The rules on the handling and handling of notifications made in the separate abuse reporting system
shall otherwise apply to notifications of public interest.
37. §
Every three years, the bodies referred to in paragraphs (1) and (2) of Article 32 shall review their
procedures for the operation of the separate abuse reporting system and, if necessary, amend their
internal rules.
38. §
(1) The bodies referred to in Article 32 (1) and (2) shall send to the Commissioner for Fundamental
Rights, by 31 January of the year following the year in question, the number of notifications made
in the separate abuse reporting system for the year in question, as well as statistical data at their
disposal relating to the outcome of the handling of notifications made in the separate abuse
reporting system, in particular, not containing personal data on the referral, other proceedings
conducted on the basis of the notification, the non-examination of notifications, the manner of
handling the notification.
(2) The bodies referred to in paragraphs (1) and (2) of Article 32 shall cooperate with the
Commissioner for Fundamental Rights with regard to the provision of information pursuant to
paragraph (1).
(3) The Commissioner for Fundamental Rights shall send the statistical data referred to in
paragraph 1 to the European Commission in aggregated form by 31 March of the year following the
year in question and shall liaise with the European Commission in this context.
39. §
A notification under paragraph (1) of Article 33 may also be made through the secure electronic
system for notifications of public interest operated by the Commissioner for Fundamental Rights.
Subsection 2 shall apply to the handling and administration of the notification.
40. §
(1) The bodies referred to in paragraphs (1) and (2) of Article 32 and the Commissioner for
Fundamental Rights shall provide comprehensive and independent information, easily accessible to
the public and free of charge, on the procedures and remedies available to whistleblowers, on the
rules relating to the protection of whistleblowers under this Act, on the rights and obligations of
whistleblowers under this Act, and on the rights of the persons concerned by the notification.
(2) The bodies referred to in paragraphs (1) and (2) of Article 32 shall publish the information
referred to in paragraph (1) o n their websites and shall publish, in connection with the operation of
the separate abuse reporting system
a) the contact details, in particular the e-mail and postal addresses and telephone numbers to be
used for this purpose, indicating whether or not the telephone conversation is being recorded,
b) information about how to make a report, including how the operator of the separate abuse
reporting system may require the reporter to clarify the information reported or provide
additional information,
c) the rules on data management relating to the making, handling and processing of notifications,
16
d) basic rules for the handling and processing of notifications, and
e) the rules relating to the protection of whistleblowers under this Act, the rights and obligations
of whistleblowers under this Act.
(3) The operator of the separate abuse reporting system shall provide the information referred to in
paragraphs 1 and 2 orally or in writing upon request. The Commissioner for Fundamental Rights
shall, upon request, provide oral or written information on the information referred to in paragraph
1.
8. Protecting whistleblowers
41. §
(1) Any measure that is detrimental to the notifier,
a) which is due to the lawful making of the notification and
b) which is carried out in connection with a legal relationship or connection as defined in § 20,
is unlawful even if it would otherwise be lawful.
(2) For the purposes of paragraph (1), an adverse action shall be an act or omission adversely
affecting the notifier, in particular
a) suspension, collective redundancies, dismissal or equivalent measures,
b) a demotion or refusal to promote,
c) a job description tasks delegation of tasks, a the performance of
work place of work change the place of work, reduction of wages,
change of working hours,
d) refusal to train,
e) negative performance appraisals or job references,
f) the application of any adverse legal consequence under the law applicable to his/her
employment relationship, in particular disciplinary measures, reprimands, financial sanctions,
g) coercion, intimidation, harassment or ostracism,
h) discrimination, unfavourable or unfair treatment,
i) failure to convert a fixed-term employment relationship into an employment relationship of
indefinite duration, if the employee had a legitimate expectation that his employment
relationship would be converted into an employment relationship of indefinite duration,
j) failure to renew or early termination of a fixed-term employment contract,
k) damage, which includes damage to a person’s reputation or financial loss, including loss of
business opportunity and loss of income,
l) a measure as a result of which it is reasonable to conclude that the person concerned will not
be able to take up future employment in the sector in which he or she is employed,
m) the requirement to undergo a medical fitness test,
n) early termination or cancellation of a contract for goods or services; and
o) the withdrawal of the authorisation.
(3) In administrative or judicial proceedings relating to an adverse action under paragraph 2, if the
notifier proves that the notification was lawfully made, the notifier shall.
a) the adverse action must be presumed to have been taken because the notification was
lawfully made, and
b) the person who took the adverse action has the burden of proving that the adverse action
17
was made for good cause and not because the notification was lawfully made.
(4) Any adverse action within the meaning of paragraph 2 taken to the detriment of an entity owned
by the notifier or an entity having an employment relationship or other contractual relationship with
the notifier, which is taken because the notification is lawfully made, shall be unlawful even if it
would otherwise be lawful.
(5) Where an adverse measure under paragraph 2 is taken to the detriment of a person referred to in
paragraph 4, in administrative or judicial proceedings relating to an adverse measure under
paragraph 2, paragraph 3(a) and (b) shall apply if the person’s relationship with the notifier under
paragraph 4 and the notifier proves that the notification was lawful.
42. §
(1) Where a disclosure is lawfully made, the whistleblower shall not be deemed to have breached
any restriction on disclosure of a legally protected secret or any other legal restriction on disclosure
of information and shall not be liable in respect of such disclosure if the whistleblower had
reasonable grounds to believe that the disclosure was necessary to disclose the circumstances to
which the disclosure relates.
(2) Where a notification has been lawfully made, the notifier shall not be liable for obtaining or
having access to the information contained in the notification, unless the notifier has committed a
criminal offence by obtaining or having access to the information.
(3) The notifier cannot be held liable for lawfully making the notification if the notifier had
reasonable grounds to believe that the notification was necessary to disclose the circumstances
covered by the notification.
(4) The notifier may invoke paragraphs 1 to 3 in any official or judicial proceedings, provided that
he proves that the notification is lawful.
43. §
(1) The State shall provide the notifier with the assistance provided for in Act LXXX of 2003 on
Legal Aid under the conditions set out therein.
(2) Within the framework set out in paragraph (1), information and advice shall be provided to the
notifier on the procedures and remedies available to notifiers, the rules relating to the protection of
notifiers under this Act, and the rights and obligations of notifiers under this Act.
44. §
No declaration, contract or regulation which restricts or excludes rights under this Chapter may be
lawfully relied on in any official or legal proceedings.
45. §
The notification is lawful if
a) the whistleblower makes his or her report through one of the whistleblowing reporting systems
under this Chapter,
18
has done so in accordance with the rules laid down in this Act,
b) the notifier has notified information concerning the circumstances covered by the notification
in the context of his or her work-related activities, including the information referred to in
paragraph (2) of Article 20
c) and the procedure pursuant to Article 20(3)(e) of the Act, and
c) the notifier had reasonable grounds to believe that the information notified concerning the
circumstances covered by the notification was true at the time of notification.
46. §
(1) An application shall be deemed to have been lawfully made if the applicant makes his
application public and one of the following conditions is fulfilled, provided that the conditions set
out in Article 45(b) and (c) are fulfilled:
a) the notifier
(aa) first made use of the whistleblowing system under Chapter 5 or Chapter 6 and
subsequently made use of the whistleblowing system under Chapter 7; or
(ab) has made direct use of the whistleblowing system under Chapter 7,
and the operator of the abuse reporting system or the body responsible for the procedure has
not taken the measures provided for in this Act within the time limit,
b) the notifier had reasonable grounds to believe that the circumstances of which the notification
relates present a clear risk of harm to the public interest, in particular where there is a risk of
irreparable harm, or
c) the notifier has reasonable grounds to believe that, where the abuse notification system under
Chapter 7 is used, there is a manifest possibility, because of the particular characteristics of
the circumstances of the case to which the notification relates, that
ca) adverse action is taken against t h e notifier pursuant to paragraph (1) of Article 41; or
(cb) no substantive action has been taken on the notification.
(2) Paragraph (1) shall not apply to a person providing information pursuant to Article 6 of Act
CIV of 2010 on Freedom of the Press and Fundamental Rules on Media Content.
47. §
A notification shall be deemed to have been lawfully made if the notifier makes the notification to
the institutions, bodies, offices or agencies of the European Union which have the tasks and powers
to which the notification relates and the conditions set out in Article 45(b) and (c) are fulfilled.
48. §
(1) Protection under this Chapter shall, subject to the exception provided for in Article 43, be
available to the applicant only if.
a) the notified information relating to the circumstances covered by the notification falls within
the scope of the legal acts of the European Union listed in Annex 1 or Annex 2 or the legal
provisions implementing or ensuring compliance with those acts, or
b) the applicant has reasonable grounds to believe that the circumstances referred to in point (a)
exist.
(2) Protection under this Chapter shall not, subject to the exception provided for in Article 43, be
granted to the applicant if
a) you are in breach of the rules on the protection of classified information,
b) fails to comply with its legal obligations of confidentiality regarding medical confidentiality
and legal professional privilege when making a notification,
19
c) in making the declaration, the church person and the member of the religious association, as a
member of a religious community performing religious rites, does not comply with the
obligation of confidentiality that is imposed on him/her by his/her profession,
d) in making the notification, you are in breach of the rules on the protection of confidential
information protected by law in connection with judicial proceedings,
e) by reporting it, you are in breach of the rules on data processing under the rules of criminal
procedure, or
f) by reporting as a member of the law enforcement agencies, the Military National Security
Service or the National Tax and Customs Administration, violates the rules governing the
activities of these agencies as laid down by law.
49. §
(1) This subsection shall apply to a whistleblower who makes a lawful disclosure without revealing
his or her identity, in particular without providing his or her name and personal data necessary for
identification, and who, after being subsequently identified, is subjected to an adverse measure
under Section 41(1) or to the application of Section 42.
(2) Protection under this Chapter shall be granted to the applicant who
a) assist the whistleblower who makes a lawful notification in making the notification,
b) a person related to the lawful notifier, in particular a co-worker or family member of the
notifier, who may be subject to an adverse action under paragraph (2) of Article 41.
III. Chapter
Notifications that may be submitted in order to achieve a higher level of protection of the
fundamental values and rights enshrined in the Fundamental Law and in the public interest of
protecting the Hungarian way of life
50. §
Can be reported in the internal abuse reporting system and the separate abuse reporting system
a) activities aimed at calling into question the fact that the national minorities living with us are
part of the Hungarian political community and are state-building factors, as declared in the
National Creed of the Fundamental Law,
b) systematic action to exonerate the crimes committed under the National Socialist and
Communist dictatorships, as referred to in the National Creed of the Constitution, and to
minimize these crimes and those under Article U of the Constitution,
c) the act of obstructing the respect and use of our national symbols, as defined in Article I of
the Fundamental Law,
d) protected by Article L of the Fundamental Law and Article XVI (1) of the Fundamental Law
da) the constitutionally recognised role of marriage and the family,
(db) the protection and care necessary for the proper physical, mental and moral development
of children and their right to an identity appropriate to their sex at birth
doubting.
IV.Chapter
The whistleblower protection lawyer
51. §
20
(1) A legal person not falling within the scope of clauses a) to c) of paragraph (1) of Article 30
(hereinafter referred to as the principal) may conclude a contract of engagement with a lawyer for
the performance of the duties of a whistleblower protection lawyer under Chapter II and the duties
related to the receipt and handling of notifications in connection with its activity.
(2) The contract of engagement referred to in paragraph 1 may not be concluded with a legal person
with whom the lawyer for the protection of whistleblowers has another legal relationship of
engagement, employment, employment with an obligation to perform work or with whom he has
had such a legal relationship in the five years preceding the conclusion of the contract of
engagement.
(3) The whistleblower protection lawyer shall not seek or accept remuneration or other benefits in
connection with his activities from any person other than the client.
(4) The appointment of a whistleblower protection lawyer must be notified in writing to the
regional bar association within fifteen days. The name, address, telephone number, e-mail address
and website of the whistleblower protection lawyer must be published on the website of the regional
bar association.
(5) The appointment of the whistleblower protection lawyer may be terminated only with
justification. Legal proceedings by the whistleblower defence lawyer shall not constitute grounds
for termination by the client or for refusal by the client to pay the whistleblower defence lawyer the
fees due to him.
52. §
For the purposes of the activities of the whistleblower protection lawyer, in addition to the
notifications provided for in Chapter II, any signal shall be considered a notification if it draws
attention to a circumstance the remedying or removal of which serves the legitimate interest or the
non-lawful business interest of the client or the purpose of removing a breach of the law relating to
the client’s activities, or a threat to public safety, public health or the environment.
53. §
(1) On the basis of a contract of engagement pursuant to Article 51(1), the whistleblower protection
lawyer shall
a) receive notifications relating to the activities of the principal,
b) provide legal advice to the notifier on how to file a notification,
c) maintains contact with the whistleblower, and may request information and clarification from
him/her, if necessary, in order to investigate the whistleblowing,
d) may, at the request of the sponsor, cooperate in the conduct of an investigation initiated on the
basis of a notification, and
e) upon request, inform the notifier in writing of the events relating to the notification, in
particular the outcome of the investigation initiated on the basis of the notification, the action
taken by the contracting authority or the refusal to conduct an investigation.
(2) The whistleblower protection lawyer shall transmit the notification to the client, but shall send
to the client an extract of the notification containing no data that would allow the identification of
the notifier, unless the notifier has given his prior written consent to the transmission of his personal
data.
(3) If the whistleblowing relates to an act or omission by a senior officer of the sponsor, the
21
whistleblower protection lawyer shall contact the supervisory board of the whistleblower, the
auditor, the sponsor’s
22
must notify the notification without delay to its main decision-making body or to the person
exercising the ownership rights.
(4) The whistleblower protection lawyer must handle and register the notifications received in this
capacity and their files separately from his other activities.
V.Chapter 3
Final provisions
54. §
The Government is empowered to designate bodies under the direction or supervision of the
Government or a member of the Government which are required by decree to establish a separate
whistleblowing system.
55. §
This Act shall enter into force 60 days after its publication.
56. §
Complaints and notifications of public interest under Act CLXV of 2013 on Complaints and
Notifications of Public Interest pending on the date of entry into force of this Act shall be closed in
accordance with the provisions of Act CLXV of 2013 on Complaints and Notifications of Public
Interest in force on the day before the entry into force of this Act.
57. §
(1) An employer covered by Chapter 5 who employs at least 50 but not more than 249 persons
under an employment relationship must comply with the obligation under Chapter 5 from 17
December 2023.
(2) Paragraph (1) shall not apply to an employer within the meaning of section 18(2).
58. §
The rules of Chapter 6 applying to local governments, budgetary bodies managed or supervised by
local governments, or organisations or companies owned or controlled by local governments shall
apply from 1 January 2025.
59. §
The bodies referred to in paragraphs (1) and (2) of Article 32 and the Commissioner for
Fundamental Rights shall fulfil their obligations under Article 38 for the first time for the year
following the entry into force of this Act.
60. §
(1) This law lays down the provisions necessary for the implementation of Article 47 of Regulation
(EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European
Community financing business service providers and amending Regulation (EU) 2017/1129 and
Directive 2019/1937/EC.
23
(2) This Act is intended to comply with Directive (EU) 2019/1937 of the European Parliament and
of the Council of 23 October 2019 on the protection of persons who report infringements of EU
law.
61. §
Row 4 of Part XIII of Part XIII of the table in Annex 2 to Act XCIII of 1990 on Fees shall cease to
apply.
62. §
Article 94/A of Act LVII of 1996 on the Prohibition of Unfair Market Practices and Restriction of
Competition shall be replaced by the following:
“94/A. §
(1) The separate abuse reporting system set up by the Office of Economic Competition under the
Act on Complaints, Notifications of Public Interest and Rules on Reporting Abuse is the Office of
Economic Competition’s complaints handling system under this Act.
(2) In matters falling within the scope of this Act, the provisions of the Act on Complaints,
Notifications of Public Interest and the Rules for Reporting Abuses shall apply, unless otherwise
provided for in this Act.”
63. §
Act LXXXV of 1996 amending Act XCIII of 1990 on Fees and Act LXXXV of 1996 on the
Administrative Service Fee for Certified Copy of Title Deeds
a) 31.(1)(f)(fb) in point (f) of paragraph (1), the words “notification, proposal” shall be replaced
by the following
“a whistleblowing report, a whistleblowing report made in a separate whistleblowing system
and in a secure electronic system for whistleblowing, a proposal”,
b) Article 32/C (1) (i), the words “report, proposal” shall be replaced by the words “report, abuse
report made in the separate abuse reporting system and in the secure electronic system for
public interest reporting, proposal”
spleen.
64. §
In Article 200 of Act CXX of 2001 on the Capital Market, the words “Act CLXV of 2013 on
Complaints and Notifications of Public Interest” shall be replaced by the words “Act on
Complaints, Notifications of Public Interest and Rules on Reporting Abuses”.
65. §
In point (g) of paragraph (3) of Article 59 of Act I of 2007 on the Entry and Residence of Persons
with the Right of Free Movement and Residence, the words “to make a notification” shall be
replaced by the words “to make a notification, report abuse”.
66. §
24
Act II of 2007 on the Entry and Residence of Third-Country Nationals No 61.
§ (3) paragraph g), the words “to make a notification” shall be replaced by the words “to make a
notification, to report abuse”.
67. §
Point g) of paragraph (4) of Article 161 of Act CXXXVIII of 2007 on Investment Firms and
Commodity Exchange Service Providers and the Rules of Activities that they may perform shall be
replaced by the following provision:
[The register shall contain, in addition to the information specified in paragraph (2)]
“(g) in the case of a complaint, whistleblowing or abuse report, the personal data provided by the
complainant, whistleblower or whistleblower, the event giving rise to the complaint,
whistleblowing or abuse report and the name of the investment firm;”
68. §
The title of Chapter 11/A of Act CXI of 2011 on the Commissioner for Fundamental Rights shall be
replaced by the following:
“11/A. Tasks related to the Act on complaints, notifications of public interest and rules on
reporting abuse”
69. §
Articles 38/A-38/C of Act CXI of 2011 on the Commissioner for Fundamental Rights shall be
replaced by the following provisions:
“38/A. §
(1) The Commissioner for Fundamental Rights shall investigate the practice of the handling of
notifications of public interest under the Act on Complaints, Notifications of Public Interest and
Rules on the Reporting of Abuses by the authorities referred to in points (a) to (k) of Paragraph (1)
of Article 18, and the proper handling of certain notifications of public interest upon request.
(2) The Commissioner for Fundamental Rights examines the operation of the separate abuse
reporting systems under the Act on Complaints, Public Interest Reports and Reporting of Abuse and
the proper handling of reports made through the separate abuse reporting system, upon request.
38/B. §
The Commissioner for Fundamental Rights is responsible for the operation of the secure electronic
system for public interest reports under the Act on Complaints, Public Interest Reports and the
Rules for Reporting Abuse.
38/C. §
(1) The whistleblower may lodge a complaint to remedy the alleged irregularity
25
can turn to the Fundamental Rights Commissioner if
a) the body entitled to act under the Act on Complaints, Notifications of Public Interest and the
Rules on the Notification of Abuses (hereinafter referred to as the “body entitled to act”)
declares the notification of public interest to be unfounded,
b) the whistleblower disagrees with the outcome of the investigation, or
c) the notifying party considers that the body responsible for the procedure did not fully
investigate the notification.
(2) A whistleblower under the separate whistleblowing system may lodge a complaint with the
Commissioner for Fundamental Rights in the cases specified in paragraph 1, or if the rules on the
separate whistleblowing system under the Act on complaints, whistleblowing in the public interest
and rules on whistleblowing have not been complied with.”
70. §
The following point e) shall be added to Article 46/A of Act CXI of 2011 on the Commissioner for
Fundamental Rights:
(This is the law)
“e) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019
on the protection of persons who report infringements of Union law”
(for compliance.)
71. §
Chapter 160/A of Act II of 2012 on Administrative Offences, Administrative Offences Procedure
and the Administrative Offences Registration System shall be replaced by the following provision:
“160/A. Prosecution of the
whistleblower §
206/A
(1) Any person who takes adverse action against a whistleblower or a whistleblower of abuse
under the Act on Complaints, Whistleblowing in the Public Interest and Rules on Reporting Abuse,
because of a whistleblowing or reporting of abuse under the Act on Complaints, Whistleblowing in
the Public Interest and Rules on Reporting Abuse, commits an offence.
(2) Any person who obstructs or attempts to obstruct the filing of a report of abuse under the Act
on Complaints, Reports of Public Interest and Rules on Reporting Abuse commits an offence.”
72. §
The following point e) shall be added to paragraph (1) of Article 253 of Act II of 2012 on
Administrative Offences, Administrative Offences Procedure and the Administrative Offences
Registration System:
(Act E)
26
“e) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019
on the protection of persons who report infringements of Union law”
(for compliance.)
73. §
In Section 164/A (2) of Act CXXXIX of 2013 on the National Bank of Hungary, the
“the Act on Complaints and Notifications of Public Interest” is replaced by “the Act on Complaints,
Notifications of Public Interest and the Rules for Reporting Abuses”.
74. §
Act CLXV of 2013 on Complaints and Notifications of Public Interest shall cease to apply.
75. §
In Article 99(5)(c) of Act CCXII of 2013 on certain provisions and transitional rules related to Act
CXXII of 2013 on the Turnover of Agricultural and Forestry Land, the words “notification and
complaint” shall be replaced by the words “notification, notification of abuse made in the separate
abuse notification system and in the secure electronic system of notifications of public interest and
complaint”.
76. §
Section 86 (2) (e) of Paragraph (2) of Article 86 of Act CCXXXV of 2013 on certain payment
service providers shall be replaced by the following:
(The register shall contain, in addition to the identification data indicated in Annex 1, the following
information:)
“(e) in the case of a complaint, whistleblowing or abuse report, the personal data provided by the
complainant, whistleblower or abuse reporter and the event giving rise to the complaint,
whistleblowing or abuse report and the payment institution, electronic money institution or
electronic money institution concerned by the complaint, whistleblowing or abuse report;
and”
77. §
Point h) of paragraph (2) of Section 204 of Act CCXXXVII of 2013 on Credit Institutions and
Financial Undertakings shall be replaced by the following provision:
(The register shall contain, in addition to the identification data indicated in Annex 2, the following
information:)
“(h) in the case of a complaint, whistleblowing or abuse report, the personal data identified by the
complainant, whistleblower or abuse reporter and the event giving rise to the complaint,
whistleblowing or abuse report and the provider of the financial or ancillary financial services
concerned;”
78. §
Penalties, measures, certain coercive measures and disqualifications
27
Act No CCXL of 2013 on the implementation of the
a) In Article 10(6), the words “a complaint or” shall be replaced by “a complaint, a report of
abuse or”,
b) Article 122(f), the words “notification, complaint” shall be replaced by the words
“notification, abuse notification, complaint”,
c) Article 275 (1) (j), the words “notification, complaint” shall be replaced by the words
“notification, abuse notification, complaint”
spleen.
79. §
Point h) of Paragraph (2) of Section 323 of Act LXXXVIII of 2014 on Insurance Activities shall be
replaced by the following provision:
(In addition to the identification data, the register includes:)
“(h) in the case of a complaint, a whistleblowing or an abuse report, the personal data identified by
the complainant, the whistleblower or the whistleblower and the event giving rise to the
complaint, whistleblowing or abuse report and the institution concerned;”
80. §
Section 98(2a)(c) of Act XC of 2017 on Criminal Procedure shall be replaced by the following:
[In order to ensure the provisions of paragraph (2)]
“(c) in order to protect the whistleblower or whistleblower of abuse under the Act on Complaints,
Whistleblowing in the Public Interest and Rules on Reporting Abuse, the file containing the
whistleblowing or abuse report made in the abuse reporting system until the whistleblower or
whistleblower of abuse is questioned”
(must be kept closed.)
81. §
Act XXVII of 2022 on the Control of the Use of EU Budgetary Resources
a) In paragraph (1) of Article 4, the words “from paragraph (2) of Article 1 of Act CLXV of
2013 on Complaints and Notifications of Public Interest (hereinafter: Pkbtv.)” shall be
replaced by the words “from the provisions of the Act on Complaints, Notifications of Public
Interest and the Rules on Reporting Abuses (hereinafter: Pkbtv.)”,
b) § 4 (2), the words “from the provisions of Section 1 (4) of the Pkbtv.” shall be replaced by the
words “from the provisions of the Pkbtv.”
spleen.
28
1. Annex 1 to the 2023 …….Act of 2023
European Union law provisions determining the applicability of Article 17 and Chapter 8
1. Financial services
1.1. Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the
coordination of laws, regulations and administrative provisions relating to undertakings for
collective investment in transferable securities (UCITS)
1.2. Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December
2016 on the activities and supervision of institutions for occupational retirement provision
1.3. Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on
statutory audits of annual accounts and consolidated accounts, amending Council Directives
78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC
1.4. Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014
on market abuse (Market Abuse Regulation) and repealing Directive 2003/6/EC of the European
Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and
2004/72/EC
1.5. Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on
access to the activity of credit institutions and the prudential supervision of credit institutions and
investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and
2006/49/EC
1.6. Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on
markets in financial instruments and amending Directives 2002/92/EC and 2011/61/EU
1.7. Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014
on improving securities settlement within the European Union and on central securities depositories
and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012
1.8. Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November
2014 on key information documents for packaged retail investment products and insurance-based
investment products
1.9. Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November
2015 on transparency of securities financing transactions and re-use and amending Regulation (EU)
No 648/2012
1.10. Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on
insurance sales
1.11. Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017
on the prospectus to be published when securities are offered to the public or admitted to trading on
a regulated market and repealing Directive 2003/71/EC
29
2. Prevention of money laundering and terrorist financing
2.1. Directive 2015/849/EC of the European Parliament and of the Council of 20 May 2015 on the
prevention of the use of the financial system for the purpose of money laundering or terrorist
financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council
and repealing Directive 2005/60/EC of the European Parliament and of the Council and
Commission Directive 2006/70/EC
2.2. Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on
data accompanying transfers of funds and repealing Regulation (EC) No 1781/2006
3. Transport safety
3.1. Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014
on occurrence reporting, analysis and surveillance in civil aviation, amending Regulation (EU) No
996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the
European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and
(EC) No 1330/2007
3.2. Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 on
certain obligations of flag States in relation to compliance with and enforcement of the Maritime
Labour Convention, 2006
3.3. Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port
State control
4. Environment
Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on the safety
of offshore oil and gas activities and amending Directive 2004/35/EC
30
2. Annex 1 to the 2023 …….Act of 2023
European Union law provisions determining the applicability of the protection under Chapter
8
1. Public procurement
1.1. The rules of procedure for public procurement and the award of concessions, the award of
contracts in the fields of defence and security, the award of contracts by entities operating in the
water, energy, transport and postal services sectors, and all other contracts, are set out below:
1.1.1. Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on
concession contracts
1.1.2. Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014
on public procurement and repealing Directive 2004/18/EC
1.1.3. Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on
procurement procedures of entities operating in the water, energy, transport and postal services
sectors and repealing Directive 2004/17/EC
1.1.4. Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the
coordination of procedures for the award of certain works contracts, supply contracts and service
contracts by contracting authorities or entities in the fields of defence and security, and amending
Directives 2004/17/EC and 2004/18/EC
1.2. Remedies procedures covered by:
1.2.1. Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and
administrative provisions relating to the application of Community rules on the procurement
procedures of entities operating in the water, energy, transport and telecommunications sectors
1.2.2. Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws,
regulations and administrative provisions relating to the application of review procedures to the
award of public supply and public works contracts
2. Financial services, products and markets, prevention of money laundering and terrorist financing
The European Parliament and Council Regulation (EU) No …/2013 of …2013 on financial services
and capital markets, banking, credit, investment, insurance and reinsurance, occupational and
personal pension products, securities, investment funds, payment services, and access to the activity
of credit institutions and the prudential supervision of credit institutions and investment firms
amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC.
2013/36/EU of the European Parliament and of the Council of 26 June 2013 establishing a
regulatory and supervisory framework for the activities listed in Annex I to Directive 2013/36/EU
of the European Parliament and of the Council of 26 June 2013 and laying down rules to protect
consumers and investors:
2.1. Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009
on the taking up, pursuit and pursuit of the business of electronic money institutions
31
on prudential supervision, amending Directives 2005/60/EC and 2006/48/EC and repealing Directive
2000/46/EC
2.2. Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on
Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and
Regulations (EC) No 1060/2009 and (EU) No 1095/2010
2.3. Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March
2012 on short selling and certain aspects of credit default swaps
2.4. Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013
on European Venture Capital Funds
2.5. Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013
on European Social Entrepreneurship Funds
2.6. Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on
credit agreements for consumers relating to residential property and amending Directives
2008/48/EC, 2013/36/EU and Regulation (EU) No 1093/2010
2.7. Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014
on specific statutory audit requirements for public-interest entities and repealing Commission
Decision 2005/909/EC
2.8. Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014
on markets in financial instruments and amending Regulation (EU) No 648/2012
2.9. Directive 2015/2366/EU of the European Parliament and of the Council of 25 November 2015
on payment services in the internal market amending Directives 2002/65/EC, 2009/110/EC,
2013/36/EU and Regulation (EU) No 1093/2010 and repealing Directive 2007/64/EC
2.10. Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on
takeover bids
2.11. Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the
exercise of certain rights of shareholders in listed companies
2.12. Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004
on the harmonisation of transparency requirements in relation to information about issuers whose
securities are admitted to trading on a regulated market and amending Directive 2001/34/EC
2.13. Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012
on OTC derivatives, central counterparties and trade repositories
2.14. Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on
indices used as benchmarks in financial instruments and financial transactions, or as measures of
performance of investment funds, and amending Directives 2008/48/EC and 2014/17/EU and
Regulation (EU) No 596/2014
2.15. Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009
on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II)
2.16. Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 on the
supervision of credit institutions and
32
establishing a framework for the recovery and resolution of investment firms and amending Council
Directive 82/891/EEC, Council Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC,
2007/36/EC,
amending Directives 2011/35/EU, 2012/30/EU and 2013/36/EU and Regulations (EU) No 1093/2010
and (EU) No 648/2012 of the European Parliament and of the Council
2.17. Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002
on the supplementary supervision of credit institutions, insurance undertakings and investment
firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC,
92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the
European Parliament and of the Council
2.18. Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on
Deposit Guarantee Schemes
2.19. Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on
investor-compensation schemes
2.20. Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013
on prudential requirements for credit institutions and investment firms and amending Regulation
(EU) No 648/2012
2.21. Regulation (EU) No 2020/1503 of the European Parliament and of the Council of 7 October
2020 on European Community financing business service providers and amending Regulation (EU)
2017/1129 and Directive 2019/1937
3. Product safety and product compliance
3.1. Safety and conformity requirements for products placed on the EU market, defined and
regulated by:
3.1.1. Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on
general product safety
3.1.2. Annexes I and II to Regulation (EU) 2019/1020 of the European Parliament and of the
Council of 20 June 2019 on market surveillance and product conformity and amending Directive
2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 EU harmonisation
legislation covering labelling requirements for manufactured products other than food, feed,
medicinal products for human or veterinary use, live plants and animals, products of human origin
and plant and animal products directly related to the future reproduction of plants and animals
3.1.3. Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007
establishing a framework for the approval of motor vehicles and their trailers, and of systems,
components and separate technical units intended for such vehicles (Framework Directive)
3.2. The rules for the marketing and use of sensitive and dangerous products are set out below:
3.2.1. Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009
simplifying terms and conditions of transfers of defence-related products within the Community
3.2.2. Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession
of weapons
33
3.2.3. Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January
2013 on the marketing and use of explosives precursors
4. Transport safety
4.1. Safety requirements for the railway sector covered by Directive (EU) 2016/798 of the
European Parliament and of the Council of 11 May 2016 on railway safety.
4.2. Safety requirements for the civil aviation sector regulated by Regulation (EU) No 996/2010 of
the European Parliament and of the Council of 20 October 2010 on investigation and prevention of
accidents and incidents in civil aviation and repealing Directive 94/56/EC.
4.3. The road transport sector is subject to safety requirements regulated by:
4.3.1. Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008
on road infrastructure safety management
4.3.2. Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on
minimum safety requirements for tunnels of the trans-European road network
4.3.3. Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October
2009 establishing common rules concerning the conditions to be complied with to pursue the
occupation of road transport operator and repealing Council Directive 96/26/EC
4.4. Safety requirements for the maritime transport sector are regulated by:
4.4.1. Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April
2009 on common rules and standards for ship inspection and survey organisations
4.4.2. Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April
2009 on the liability of carriers of passengers by sea in the event of accidents
4.4.3. Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on
marine equipment and repealing Council Directive 96/98/EC
4.4.4. Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009
establishing the fundamental principles governing the investigation of accidents in the maritime
transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the
European Parliament and of the Council
4.4.5. Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008
on the minimum level of training of seafarers
4.4.6. Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board
passenger ships arriving in and/or departing from ports of the Member States of the Community
4.4.7. Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001
establishing harmonised requirements and procedures for the safe loading and unloading of bulk
carriers
4.5. Safety requirements covered by Directive 2008/68/EC of the European Parliament and of the
Council of 24 September 2008 on the inland transport of dangerous goods.
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5. Environment
5.1. Any criminal offence against the environment covered by Directive 2008/99/EC of the
European Parliament and of the Council of 19 November 2008 on the protection of the environment
through criminal law or any unlawful conduct in breach of the legislation set out in the Annexes to
Directive 2008/99/EC.
5.2. Rules on the environment and climate, as set out below:
5.2.1. Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003
establishing a scheme for greenhouse gas emission allowance trading within the Community and
amending Council Directive 96/61/EC
5.2.2. Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the
promotion of the use of energy from renewable sources and amending and subsequently repealing
Directives 2001/77/EC and 2003/30/EC
5.2.3. Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on
energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives
2004/8/EC and 2006/32/EC
5.2.4. Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May
2013 establishing a mechanism for monitoring and reporting greenhouse gas emissions and for
reporting other information relating to climate change at national and Union level and repealing
Decision No 280/2004/EC
5.2.5. Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December
2018 on the promotion of the use of energy from renewable sources
5.3. The rules on sustainable development and waste management set out below:
5.3.1. Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008
on waste and repealing certain Directives
5.3.2. Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20
November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive
2009/16/EC
5.3.3. Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012
concerning the export and import of dangerous chemicals
5.4. Rules on marine, air and noise pollution, as set out below:
5.4.1. Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999
relating to the availability of consumer information on fuel economy and CO2 emissions in respect
of the marketing of new passenger cars
5.4.2. Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on
national emission ceilings for certain atmospheric pollutants
5.4.3. Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002
relating to the assessment and management of environmental noise
35
5.4.4. Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April
2003 on the prohibition of organotin compounds on ships
5.4.5. Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on
environmental liability with regard to the prevention and remedying of environmental damage
5.4.6. Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on
ship-source pollution and on the introduction of penalties for infringements
5.4.7. Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January
2006 concerning the establishment of a European Pollutant Release and Transfer Register and
amending Council Directives 91/689/EEC and 96/61/EC
5.4.8. Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the
promotion of clean and energy efficient road transport vehicles
5.4.9. Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April
2009 setting emission performance standards for new passenger cars as part of the Community’s
integrated approach to reduce CO2 emissions from light commercial vehicles
5.4.10. Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16
September 2009 on substances that deplete the ozone layer
5.4.11. Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009
on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations
5.4.12. Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May
2011 setting emission performance standards for new light commercial vehicles as part of the EU’s
integrated approach to reduce CO2 emissions from light commercial vehicles (OJ L 145, 31.5.2011,
p. 1);
5.4.13. Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on
the deployment of alternative fuels infrastructure
5.4.14. Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015
on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport
and amending Directive 2009/16/EC
5.4.15. Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November
2015 on the limitation of emissions of certain pollutants into the air from medium combustion
plants
5.5. Rules for water and soil protection and management, as set out below:
5.5.1. Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on
the assessment and management of flood risks
5.5.2. Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008
on environmental quality standards in the field of water policy, amending and subsequently
repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC and 86/280/EEC
and amending Directive 2000/60/EC of the European Parliament and of the Council
36
5.5.3. Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011
on the assessment of the effects of certain public and private projects on the environment
5.6. Rules for the protection of nature and biodiversity, as set out below:
5.6.1. Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures
applicable to fishing for certain stocks of highly migratory fish
5.6.2. Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning
incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98
5.6.3. Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16
September 2009 on trade in seal products
5.6.4. Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable
marine ecosystems in the high seas from the adverse impacts of bottom fishing gears
5.6.5. Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009
on the conservation of wild birds
5.6.6. Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October
2010 laying down the obligations of operators who place timber and timber products on the market
5.6.7. Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22
October 2014 on the prevention and control of the introduction and spread of invasive alien species
5.7. The rules on chemicals contained in Regulation (EC) No 1907/2006 of the European
Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation,
Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency,
amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and
Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and
Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.
5.8. The rules on organic production and labelling of organic products as laid down in Regulation
(EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic
production and labelling of organic products and repealing Council Regulation (EC) No 834/2007.
6. Radiation protection and nuclear safety
The nuclear safety rules set out below:
6.1. Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for
the nuclear safety of nuclear installations
6.2. Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the
protection of the health of the general public with regard to radioactive substances in water intended
for human consumption
6.3. Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards
for protection against the dangers arising from exposure to ionizing radiation and amending
Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom
37
and repealing Directive 2003/122/Euratom
6.4. Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for
the responsible and safe management of spent fuel and radioactive waste
6.5. Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of
shipments of radioactive waste and spent fuel
6.6. Council (Euratom) Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum
permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear
accident or any other case of radiological emergency and repealing Regulations (Euratom) No
3954/87, (Euratom) No 944/89 and (Euratom) No 770/90
6.7. Council Regulation 1493/93/Euratom of 8 June 1993 on shipments of radioactive materials
between Member States
7. Food and feed safety and animal health and welfare
7.1. EU food and feed law is governed by the general principles and requirements laid down in
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002
laying down the general principles and requirements of food law, establishing the European Food
Safety Authority and laying down procedures in matters of food safety.
7.2. Animal health is regulated by:
7.2.1. Regulation (EU) No 2016/429 of the European Parliament and of the Council of 9 March
2016 on communicable animal diseases and amending and repealing certain acts in the veterinary
field (“the Veterinary Regulation”)
7.2.2. Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October
2009 laying down health rules as regards animal by-products and derived products not intended for
human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products
Regulation)
7.3. Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on
official controls and other official activities performed to ensure the verification of compliance with
feed and food law, animal health and animal welfare rules, plant health rules and rules on plant
protection products and amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No
1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU)
2016/429 and Regulation (EU) 2016/2031 of the European Parliament and of the Council, Council
Regulation (EC) No 1/2005, Council Regulation (EC) No 1099/2009 and Council Directives
98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations
(EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council
Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC
and Council Decision 92/438/EEC (the ‘OCR’)
7.4. Rules and regulations for the protection and welfare of animals, as set out below:
7.4.1. Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for
farming purposes
7.4.2. Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during
transport and related operations
38
on protection during operations and amending Directives 64/432/EEC and 93/119/EC and Regulation
(EC) No 1255/97
7.4.3. Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at
the time of killing
7.4.4. Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in
zoos
7.4.5. Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010
on the protection of animals used for scientific purposes
8. Public health
8.1. Measures to set high standards of quality and safety for organs and materials of human origin,
regulated by:
8.1.1. Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003
setting standards of quality and safety for the collection, testing, processing, storage and distribution
of human blood and blood components and amending Directive 2001/83/EC
8.1.2. Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on
setting standards of quality and safety for the donation, procurement, testing, processing,
preservation, storage and distribution of human tissues and cells
8.1.3. Directive 2010/53/EU of the European Parliament and of the Council of 7 July 2010 on
standards of quality and safety of human organs intended for transplantation
8.2. Measures to set high quality and safety standards for medicinal products and medical devices,
regulated by:
8.2.1. Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16
December 1999 on orphan medicinal products
8.2.2. Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on
the Community code relating to medicinal products for human use
8.2.3. Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December
2018 on veterinary medicinal products and repealing Directive 2001/82/EC
8.2.4. Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March
2004 laying down Community procedures for the authorisation and supervision of medicinal
products for human and veterinary use and establishing a European Medicines Agency
8.2.5. Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12
December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No
1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004
8.2.6. Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13
November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and
Regulation (EC) No 726/2004
8.2.7. Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April
2014 on clinical trials on medicinal products for human use and repealing Directive 2001/20/EC
39
about the location of
8.3. Patient rights covered by Directive 2011/24/EU of the European Parliament and of the Council
of 9 March 2011 on the application of patients’ rights in cross-border healthcare.
8.4. The manufacture, presentation and sale of tobacco products and related products covered by
Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the
approximation of the laws, regulations and administrative provisions of the Member States
concerning the manufacture, presentation and sale of tobacco products and related products and
repealing Directive 2001/37/EC.
9. Consumer protection
Consumer rights and consumer protection covered by:
9.1. Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on
consumer protection in the indication of the prices of products offered to consumers
9.2. Directive 2019/770/EC of the European Parliament and of the Council of 20 May 2019 on
certain aspects of contracts for the supply of digital content and services
9.3. Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on
certain aspects of contracts for the sale of goods, amending Regulation (EU) 2017/2394 and
Directive 2009/22/EC and repealing Directive 1999/44/EC
9.4. Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on
certain aspects of the sale of consumer goods and associated guarantees
9.5. Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002
concerning the distance marketing of consumer financial services and amending Council Directive
90/619/EEC, Directive 97/7/EC and Directive 98/27/EC
9.6. Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005
concerning unfair business-to-consumer commercial practices in the internal market and amending
Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European
Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and
of the Council (Unfair Commercial Practices Directive)
9.7. Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on
credit agreements for consumers and repealing Council Directive 87/102/EEC
9.8. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on
consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the
European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive
97/7/EC of the European Parliament and of the Council
9.9. Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the
comparability of fees for payment accounts, switching payment accounts and opening and using a
basic payment account
10. Privacy and protection of personal data and security of network and information systems
40
10.1. Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002
concerning the processing of personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic communications)
10.2. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
10.3. Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 on
measures to ensure a high uniform level of security of network and information systems across the
Union
11. Provisions relating to the Treaty on the Functioning of the European Union
11.1. Infringements affecting the financial interests of the European Union, as defined in Article
325 of the Treaty on the Functioning of the European Union (TFEU) and further specified in the
relevant Union measures
11.2. Internal market infringements under Article 26(2) TFEU, including infringements of EU rules
on competition and state aid, and internal market infringements related to acts that infringe
corporate tax rules or arrangements designed to obtain a tax advantage that frustrates the object or
purpose of applicable corporate tax legislation