Interview with Whistlelink partner KTW.Legal, Poland 

In today’s interview with Whistlelink’s partner KTW.Legal, Poland, Agnieszka Sobota and Martyna Drobnicka will talk about what impact the upcoming Polish whistleblowing law might have on Polish companies and organisations. They will also mention the importance of making informed choices when it comes to implementing the new regulations.  

If you would like more information about the draft Whistleblower law in Poland, please also see analysis of the 4^th draft, by KTW.Legal.  

Please tell us about your law firm. 

KTW.Legal is a law firm striving to be the best partner and advisor for business professionals. Our firm care for our client’s legal security, offering them advice and experience, and at the same time actively supporting the implementation of goals and agendas. We shape a modern law office, based on specialized teams in specific areas of law. Thus, ensuring effective and efficient protection of the interests of entrepreneurs. 

One of our teams that support entrepreneurs is the labor law team. In this area of expertise, we have also appointed team members that are competent to deal with the subject of whistleblowing. They will help entrepreneurs with the new changes, in regard to the applicable Polish whistleblowing law. 

What impact do you think the EU Directive on Whistleblowing and its incorporation into national law will have on organisations in Poland? 

In our opinion, the Directive, which will be followed by the Polish Act on the protection of persons reporting violations of the law, is likely to contribute to the increase of legal awareness and the need to care about the common good. This is of course provided that the regulations are effectively and thoughtfully implemented in organisations. They will benefit not only entrepreneurs but most of all, their employees.  

At the moment, many employees unfortunately do not feel it’s possible to influence the activities at their workplace. Therefore, we hope that the new regulations in the Polish whistleblowing law will change this. 

What are the most common reasons why your clients want to implement a whistleblowing system? 

First and foremost, our clients consult us about new regulations because they receive information about the need to implement whistleblowing solutions under the threat of sanctions, including criminal liability. Undoubtedly, this is the main reason for many to consider implementing a whistleblower solution.  

However, in such cases, we try to provide our client with detailed and reliable data on the EU Directive and the upcoming Polish whistleblowing law, but also make the client aware of the effect of these regulations. This is to assure our client that the implementation of whistleblowing solutions does not have to be just another, complicated obligation imposed by the legislator. In fact, a whistleblower service can bring many benefits to the internal operation of the organisation. 

What are your clients’ concerns regarding the implementation of the reporting channel and how can you reduce them? 

Firstly, clients are afraid that by creating report channels they will be inundated with whistleblower reports, that will not correspond to the scope of reports covered by the procedure. This could result in unnecessary overloading of the system. They also fear that making whistleblower solutions available will act as an incentive for many to use these channels to pursue individual interests or resolve conflicts between employees. 

In response to the above concerns of our clients, we propose direct communication to the employees – explaining the assumptions and goals of implementing new regulations and whistleblowing procedures. We also recommend conducting internal training with our participation, which will familiarize all interested parties with the subject of whistleblowing. At the same time, it will help to avoid improper use of the implemented reporting channels. 

Can organisations benefit from implementing reporting channels before they are incorporated into national whistleblowing law? 

In our opinion, organisations can benefit from the implementation of reporting channels starting today, before the Polish Whistleblowing law comes into force. First of all, organisations will have time to implement internal procedures in a calm manner. When preceded by an audit of other solutions already established in the organisation, it will allow for preparing and implementing a whistleblower report channel that will best meet the needs of the organisation. Moreover, an early implementation of whistleblower channels means faster access to information about potential misconduct occurring in the organisation, which could otherwise remain undisclosed. 

What made you cooperate with Whistlelink? 

Whistelink primarily offers its clients comprehensive solutions when it comes to confirmation of received reports, investigating whistleblower reports, collection of data concerning the reports, as well as keeping record of reports. Therefore, Whistlelink is a comprehensive solution for our clients, supported by the company’s many years of experience. They facilitate managing whistleblower reports at every stage. Undoubtedly, this is a big plus in a situation where the new obligations are already raising a lot of concern from our clients. 

For more information on KTW.Legal and its services, please visit their homepage here. 

r.pr. Agnieszka Sobota – Managing Partner at KTW.Legal 

r.pr. Martyna Drobnicka – Whistleblowing Specialist at KTW.Legal 

Read how Whistlelink’s whistleblowing system can help your organisation comply with local whistleblowing laws, or if you’re interested in knowing more about our partner programme, check out our becoming a partner page.