Poland approves Whistleblower Protection Legislation after a long wait and numerous drafts

Poland’s journey toward implementing the EU Directive on Whistleblower Protection has been a complex and evolving process. Initial delays led to European Commission infringement procedures against the country. Despite early setbacks, developments unfolded gradually, with draft laws introduced to align national legislation with EU standards.

In this article, we delve into the intricacies and pivotal aspects of Poland’s Whistleblower Protection Act, shedding light on the scope of application, deadlines, sanctions, and provisions for anonymous reporting.

Legislative process of the whistleblower law in Poland

The implementation process of whistleblower protection laws in Poland illustrates a dynamic journey towards harmonizing national legislation with the EU Whistleblowing directive. Commencing with the initial draft law in October 2021, Poland has witnessed the introduction of several subsequent draft laws aimed at enhancing and refining the initial proposal.

Following a hiatus due to parliamentary elections, a renewed commitment in 2024 culminated in the introduction of revised legislation that strengthens whistleblower rights. Notable enhancements include broadening the scope of protection, incorporating provisions for anonymous reporting, and establishing minimum compensation standards for whistleblowers.

Upon receiving parliamentary approval on 14 June 2024 and the President’s signature on 19 June 2024, the forthcoming legislation is poised to establish a comprehensive framework for whistleblower rights in Poland. The legislation, which will enter into force on 24 September 2024, applies to all companies with 50 or more employees.

In this article, we will delve deeper into the intricacies and key aspects of the Polish whistleblower protection law alongside our whistleblowing expert Urszula Brys, Territory Manager at Whistlelink. For further information about the legislative process, we encourage you to explore additional articles regaring the situation in Poland:

• Changes in whistleblowing legislation for Polish capital groups
• A new Polish draft law has officially introduced “the whistleblower”
• The new Polish Government introduces draft law and expedites progress
• EU Directive prevails in Poland despite delayed transposition of the Whistleblowing Directive
• Two years have passed since the deadline for implementation of the Whistleblower Directive into Polish national law
• New Polish draft law on the protection of whistleblowers – Government’s work is drawing to a close 

The Polish whistleblowing protection law: Scope of application

The scope of the law mandates internal reporting channels for public and private sector organisations that employ 50 or more individuals as of January 1^st or July 1^st of any given year. Designated individuals or independent third parties must be appointed to manage reports proficiently and conduct impartial investigations.

For effective whistleblowing, the internal reporting system must allow for both written and oral reports, with the option for the whistleblower to request a face-to-face meeting.

Acknowledgment of receipt within seven days and feedback on any follow-up or investigations within three months are required. Detailed record-keeping in a register of internal reports is mandatory, with a retention period of three years after the conclusion of any related proceedings. Additionally, secure data encryption and compliance with GDPR regulations are essential for protecting personal data and maintaining confidentiality at every stage of the whistleblowing process. 

Deadlines

The provisions of the Whistleblower Protection Act will be enforced three months following its promulgation. Sections concerning external notifications will go into effect six months after the Act’s promulgation.

All public and private organisations with 50 or more persons providing work for them must implement secure internal reporting channels and an internal reporting procedure by 24 September 2024.

Sanctions

The Polish Whistleblower Law enforces penalties to ensure compliance and safeguard whistleblowers from retaliation or breaches of confidentiality. Sanctions range from fines of up to over PLN 1 million or imprisonment for up to three years.

Sanctions may be imposed for the following:

1. Failing to establish adequate procedures
2. Hindering or impeding reporting
3. Retaliating or using violence against a whistleblower
4. Disclosing the whistleblower’s identity in breach of confidentiality
5. Intentionally disclosing inaccurate information
   

In cases of retaliation, whistleblowers are entitled to compensation equivalent to at least one month’s average national salary from the previous year, along with the right to claim damages incurred.

Anonymous reporting

Organisations have the discretion to accept anonymous reports, with specific provisions for handling such disclosures outlined in the Whistleblower Protection Act. Confidentiality is paramount throughout the process, safeguarding the identities of both whistleblowers and individuals mentioned in reports.

Other important information about the whistleblower protection law in Poland

The participation rights of trade unions or other legal representatives of employees must be respected during the implementation of internal reporting channels.

A whistleblower in Poland has the option to disclose information externally to the Ombudsman (RPO) or another public authority under the following conditions: 

1. When internal reporting channels are absent or incapable of ensuring confidentiality.
   
2. After making an internal report without the receiving company taking any remedial actions.
   
3. If the breach presents an imminent or evident danger to the public.

To ensure compliance, organisations are obligated to incorporate details regarding external reporting within their whistleblowing procedure.

For more details on the Polish Whistleblower Protection Act, please download our free whitepaper here (in Polish)!

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