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Whistleblower Protection and Handling of Reports

Our Law Firm offers comprehensive services for implementing a whistleblower protection system in your company.

We conduct document audits, provide training, and offer a full team of experienced lawyers to assist you in handling whistleblower reports.

With our support, the implementation of the law in your business will be smooth and secure.

Employer's Obligations Under the Draft Whistleblower Protection Act

The implementation of Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law will take place in Poland in the third quarter of 2024. The government has adopted the draft Whistleblower Protection Act, and the law will come into effect later this year. You can read more about the published law here. The obligations related to whistleblower protection will apply to all entities (both public and private) that, as of January 1st or July 1st of a given year, employ at least 50 employees (including those employed on a basis other than an employment contract, calculated in full-time equivalents). This threshold will not apply to legal entities operating in the areas of financial services, products, and markets, as well as in anti-money laundering and counter-terrorist financing, transport safety, and environmental protection. In the case of offices or organizational units of a municipality, this obligation will apply when the population of the municipality exceeds 10,000. The aforementioned entities will be required, in accordance with the whistleblower protection directive, to establish internal reporting channels and manage them. You can find details about the reporting channels here.
What sets us apart? In the field of whistleblower protection, we ensure legal security, compliance with current regulations, and confidentiality of data. With our solutions, the ability to report violations and communicate with the whistleblower will be significantly streamlined.

Our comprehensive legal services and whistleblower report management include:

  • Preparing comprehensive documentation related to the implementation of the Act of June 14, 2024, on the Protection of Whistleblowers (Journal of Laws 2024, item 928),
  • Conducting training sessions for obligated entities and their employees on the duties and rights arising from the EU Directive and the Polish Whistleblower Protection Act, where we provide theory based on a practical approach,
  • Conducting an internal audit to ensure the entity's documentation and internal regulations comply with the applicable provisions on personal data protection and whistleblower protection,
  • Providing ongoing legal support in handling whistleblower reports,
  • Supervising the procedure, register of reports, and internal documentation related to whistleblowers, as well as ensuring confidentiality and anonymity of the reports,
  • Offering ad hoc support in handling and clarifying potential violations reported by whistleblowers.

“Persons reporting information on threats or harm to the public interest, obtained in connection with their professional activities, benefit from their right to freedom of expression.”

- Recital 31 of the preamble to the Directive on the protection of persons reporting breaches of Union law

Whistleblower Protection Act – Who is a Whistleblower and What Obligations Should Be Implemented? Whistleblower Protection in the Company

Who is a whistleblower? According to the draft law, a whistleblower is considered to be a natural person who reports or publicly discloses information about a violation of law obtained in a work-related context. This may include matters related to labor law, such as issues of discrimination, mobbing, corruption, or violations of the principle of equal treatment. The law mentions the following: employees, temporary workers, persons providing work on a basis other than an employment relationship, including civil law contracts, entrepreneurs, shareholders or partners, members of a legal entity’s governing body or an organizational unit without legal personality, persons working under the supervision and direction of a contractor, subcontractor, or supplier, including those working under civil law contracts, interns, volunteers, trainees, officers, or soldiers.

Reporting channels for whistleblowers: How to report violations?

The law mandates the implementation of an internal and consistent system for reporting, but also addresses obligations related to protecting the identity of the whistleblower, their anonymity, conducting investigative proceedings, taking follow-up actions related to the reported irregularities, and prohibiting so-called retaliatory actions, i.e., actions with negative consequences for the whistleblower who made the report.

Internal or external reporting? How to report violations?

A whistleblower can choose whether to report irregularities internally, i.e., directly to the entity where the violation occurred, or immediately externally to the appropriate public authority or the Ombudsman.

Before making a public disclosure, the whistleblower is required to report the irregularities to the appropriate authorities or use the internal whistleblowing system if the employer has implemented such a system and it meets the conditions specified in the draft law.

Appropriate deadlines have been introduced into the procedure for handling reports, which employers must adhere to. Within 7 days of receiving the information from the whistleblower, confirmation of the report's receipt must be provided. Follow-up actions and feedback should be given to the whistleblower within 3 months of the report's confirmation, or if no confirmation is provided, within 3 months from the expiration of 7 days from the date of the internal report, unless the whistleblower has not provided a contact address for feedback. You can read more about the procedure and other documents related to whistleblower protection here.

Implementation of the directive's obligations and its transposition versus criminal liability

In the event of failure to implement an internal reporting procedure in accordance with the regulations, the obligated entity will be subject to a fine. Criminal liability will apply to any person who, contrary to the law, discloses the identity of the whistleblower, takes retaliatory actions against them, or prevents them from making a report. A whistleblower may also be penalized if they knowingly report irregularities that have not occurred.

Entrust your company to us.

If you are interested in entrusting us with the implementation of whistleblower regulations and managing whistleblower reports in your company, you are in the right place.

We invite you to contact us by phone or email, and we also welcome you to a free meeting where we will present our offer and tailor it to your needs.

kontakt@kancelaria-jp.pl tel. 880 383 880

You can also read more about whistleblowers on our blog.

Nasz zespół

Monika Stasiak-Magryta

radca prawny

Monika Stasiak-Magryta
radca prawny Ewelina Jasion

radca prawny

Ewelina Jasion
Marta Jaroch-Konwent

radca prawny

Marta Jaroch-Konwent

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