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  • LEGAL ALERT – Another draft law on whistleblowers

    On May 25, 2023, another draft law on the protection of whistleblowers appeared on the Government Legislation Center's website. The project is dated March 27, 2023.

    Poland has been delaying the implementation of provisions regarding whistleblower protection in its national regulations for almost a year and a half, resulting in the initiation of proceedings by the European Commission.

    Currently, work on implementing the directive provisions is still in the stage of preparing the draft law, making it difficult to predict when the provisions will come into force. However, it cannot be ruled out that after the recent numerous changes to the Labor Code, the implementation of whistleblower protection procedures will be the next obligation for organizations.

    What did the project change?

    • The law will come into force within 2 months from the date of publication, with some obligations resulting from the law coming into force the day after the publication, including the obligation to have internal reporting procedures (sic!).
    • A whistleblower reporting a violation of the law to a public authority will be entitled to receive a certificate confirming that the whistleblower is protected, provided that they make a statement under the penalty of perjury that the information regarding the reported violation of the law was true at the time of reporting.
    • The competent public authority will assess whether the reported violation of the law is sufficiently substantiated. The authority will not issue a certificate to the whistleblower if they fail to sufficiently substantiate the occurrence of the violation of the law or do not meet the criteria.
    • Personal data and other information in the internal reporting register will be stored for a period of 3 years after the end of the calendar year in which the follow-up actions or proceedings initiated by these actions were completed.
    • A person who has suffered harm due to the intentional reporting or public disclosure of false information by the whistleblower will have the right to both compensation for the harm suffered and reparation for the injury caused by the whistleblower who made the intentional report or disclosure.
    • The scope of potential whistleblowers has been limited by excluding police officers, professional soldiers, and other uniformed services personnel.
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    LEGAL ALERT – Another draft law on whistleblowers

    LEGAL ALERT – Another draft law on whistleblowers


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