On 25 June 2024 a new Polish whistleblowers protection act, from 14 June 2024, (“WPA”)
was published introducing the so-called EU Whistleblower Directive into the Polish legal
system [ 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]. This
whistleblowing law is important in terms of the protection of whistleblowers and encouraging
them to report wrongdoing. This article sheds light on some important topics of the new
regulation in Poland.
- What is the whistleblowers protection?
The WPA results in two levels of protection of whistleblowers:
a. ban on retaliatory measures
b. means of protection
The WPA includes a long list of measures that cannot be used against workers reporting
a concern about malpractice such as the refusal of employment, dismissal of workers,
reduction of salary, withholding promotion, transposition of the working place, bullying and
discrimination etc.
The employer has the burden of proof that the measures imposed on the worker are not of
a retaliatory nature.
If an employer takes adverse action against a whistleblower, the individual may have grounds
for legal recourse claiming compensation for damages in the amount of at least the statutory
average monthly salary or claiming compensation for pain and suffering. It should be stressed
that the whistleblower cannot waive his/her protective rights resulting from reporting about
wrongdoing.
2. What types of breaches of law can be subject to whistleblowing under WP
Complaints of whistleblowers can relate especially to reporting about violations in the following
fields:
corruption, public procurement, services, instruments and financial markets, money laundering
counteracting, financial terrorism fighting, security of products and transportation, protection of
environment and radiological protection, security of food and feed and public health.
The scope of fields in which the breaches may occur and be reported seems to be of aa very
wide range and these breaches are relevant in the light of whistleblowing laws as they are all
in the public interest. However, cases covered by provisions of professional secrecy of lawyers,
doctors, judges as well as by provisions about secrecy within criminal investigations will not be
covered by whistleblowing regulations. The question arises as to whether cases of personal
grievances such as bullying or discrimination at work shall also by subject to the whistleblowing
law. The answer to this question should be affirmative as long as these breaches will be in the
public sphere.
3. Internal and External Reporting by Whistleblowers
The WPA differentiates between internal and external reporting about wrongdoing.
(1) The internal reporting applies to entities which employee at least 50 individuals and
these entities are obliged to create their own whistleblower’s policy. This policy shall
among other things include:
an individual or points of contact to whom the whistleblower can raise his /her report
manner in which the report shall be provided (e.g. at indicated email address, in writing
or by phone)
confirmation of the receipt of the report
naming a person who will handle and assess the report and inform finally the
whistleblower about the findings and further course of action along with notifying the
Ombudsman in Poland or appropriate authorities in the EU if necessary
deadline of handling the report not exceeding the term of 3 three months
Each entity must also maintain a report register that contains the following data:
number of report
nature of breaking the law,
personal data of the whistleblower
contact address of the whistleblower
date of the report
information about follow-up actions taken by the entity
date of closing the whistleblower case
Finally, it should be stressed that entities when collecting information from and about
whistleblowers act as personal data controllers in the meaning of GDPR (General Data
Protection Regulation) and they are then committed to adhering safety and protection of
collected data.
(2) The whistleblower is also entitled to report about wrongdoing directly to the Polish
Ombundsman or to another (appropriate) public authority without the necessity to
consummate the internal reporting in accordance with their whistleblower’s policy.
It is likely that whistleblowers will use an external way of reporting if they feel daunted or have
some reasons to believe that they may face some adverse actions from the organization they
are engaged by after the disclosure of information.
4. How can the whistleblowing policy help?
A good and transparent whistleblower policy can help entities to handle, protect and
encourage whistleblowers to report wrongdoing within their organization. We can create a
top – quality whistleblowing policy tailored to your needs and expectations that will be of
assistance when applying the new whistleblowing law in practice.
For more information please contact us at [email protected]
