Financial Crime World

Poland Edges Closer to Enacting Whistleblower Protection Laws, Key Changes Introduced in Latest Draft

=====================================================

The Polish Government has taken another step towards implementing whistleblower protection laws, with the latest draft law undergoing urgent consideration by the Standing Committee of the Council of Ministers. The proposed legislation aims to meet the expired deadlines for implementing the EU Whistleblowing Directive and address ongoing proceedings against Poland before the CJEU.

Key Changes in the Latest Draft

According to Marta Trzeciak, an attorney at Ostrowski i Wspólnicy, a partner firm with Whistlelink, the new government has decided to proceed with the existing draft law, making some modifications. The key changes introduced in the latest draft include:

  • Longer Timeframe for Establishing Procedures: Providing legal entities with two months from the Act’s entry into force to establish an internal notification procedure and external notification procedures established by public authorities.
  • Reduced Consultation Period: Shortening the consultation period for the internal reporting procedure with trade unions from 7-14 days to a minimum of 5 days and a maximum of 10 days.
  • Removal of Public Interest Condition: Eliminating concerns about whether many whistleblowers would not be protected if their reports did not pertain to the public interest.
  • Designation of Ombudsman as Report Accepting Body: Designating the Ombudsman as the body accepting external reports from whistleblowers, which was initially opposed by the Ombudsman but is now reverted to in the latest draft.
  • Optional Certificate of Protection: Introducing optional requirements for a Certificate of Protection, allowing whistleblowers to request it and no longer requiring a prior declaration under criminal liability. The issuance of the certificate is also no longer a prerequisite for protection.

Planned Timeline

The planned deadline for adopting the draft law is set for the first quarter of 2024, after which it will be sent to the Sejm (Polish Parliament). Ostrowski i Wspólnicy will continue to monitor the legislative work on the Polish law on whistleblower protection and invite readers to follow their blog for updates.