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This glossary is directly related to the scope of the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of whistleblowers.

 

"EXTERNAL WHISTLE BLOWING" is the oral or written communication of information about infringements to the competent authorities.

"INTERNAL WHISTLE BLOWING" is the oral or written communication of information about wrongdoing within an entity in the private or public sector.

"SUFFICIENT DATA" is the evidence from which a reasonable presumption may be made that an infringement has been committed which falls within the scope of the Directive and related legislation.

"AFFECTED PERSON" is a natural or legal person who is named in the alert or public disclosure as the person to whom the infringement is attributed or with whom that person is associated.

"INFRINGEMENT INFORMATION" is information, including reasonable suspicion, about actual or potential violations that have been committed or are likely to be committed in the organisation where the whistleblower works or has worked, or in another organisation with which the whistleblower is or has been in contact in the course of his or her employment, and about attempts to conceal violations.

"COMPETENT AUTHORITY" is any national authority that is designated to receive alerts through the external submission channel and provide feedback to whistleblowers and/or is designated to carry out follow-up and verification duties.

"PERSONS ASSOCIATED WITH THE WHISTLEBLOWER" are third parties who may be retaliated against in a work context, such as co-workers or relatives without limitation in degree.

"VIOLATIONS" are acts or omissions which are unlawful and are related to Bulgarian legislation or acts of the European Union in the areas expressly referred to in the Directive or which are contrary to the object or purpose of the rules in the acts of the European Union and the areas referred to.

"PRIVACY" is any interference with privacy within the meaning of 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. 

"FEEDBACK" is the provision to the whistleblower of information about the action that is envisaged or has already been taken as a follow-up and the grounds for that follow-up.

"RETALIATION, WITH A VIEW TO REVENGE" is any direct or indirect act or omission which occurs in a work context, is caused by an internal or external whistleblowing or public disclosure , and which causes or is likely to cause unjustified harm to the whistleblower.

REJECTION is an act or omission intended to isolate the whistleblower or person who publicly disclosed information about a violation from the professional environment.

"OBVIOUSLY MINOR INFRINGEMENT" is present when the committed offence reveals a clearly insignificant degree of public danger in view of the absence or insignificance of harmful consequences.

"REPEATING" is the offence committed within one year from the entry into force of the penal decree by which the person was punished for the same type of offence.

"FOLLOW-UP ACTIONS" is any action taken by the person receiving the alert or by a competent authority for the purpose of assessing the accuracy of the allegations made in the alert and, as appropriate, for the purpose of dealing with the reported breach, including through actions such as internal enquiries, investigations, prosecutions, enforcement actions or closure. 

"ENTERPRISE" is any natural person, legal entity or civil partnership that carries on business, regardless of its ownership, legal or organisational form.

"PUBLIC DISCLOSURE" or "TO BE DISCLOSED TO THE PUBLIC" is the public provision of information about violations.

"WORKING CONTEXT" are current or past work activities in the public or private sector through which, regardless of their nature, individuals receive information about wrongdoing and within which those individuals may be subjected to retaliation if they report such information.

"EMPLOYER" is any natural person, legal person or subdivision thereof, as well as any other organisationally and economically separate entity (enterprise, establishment, organisation, cooperative, farm, establishment, household, company and the like) which independently employs employees under an employment relationship, including for homeworking and teleworking, and for sending them to perform work in a user enterprise.

A SIGNAL or REPORTING means the oral or written transmission of information about infringements.

"WHISTLEBLOWER" is an individual who blows the whistle or publicly discloses information about wrongdoing obtained in the context of his or her work-related activities.

"SERIOUS INFRINGEMENT" exists where the offence has had, or is likely to have, a significant and lasting negative impact on the public interest.

"DURABLE MEDIUM" shall mean any information medium enabling the persons obliged to establish internal whistleblowing channels or the relevant competent authority responsible for receiving external whistleblowing channels to store information which allows it to be readily used in the future for a period corresponding to the purposes for which the information is intended and which allows the information stored to be reproduced unchanged.