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Whistleblowing

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​​​​​​​​​​​​​​​​​​​​Whistleblowing – what is it?

Whistleblowing refers to the disclosure of illegal or immoral activities of organisations. Whistleblowers are the persons who report such breaches.

Whistleblower protection

Whistleblower protection guidance is included in a European Parliament and Council directive. Businesses must:
  • enable whistleblowing;
  • protect whistleblowers from retaliation.

Whistleblower protection in practice, changes to legislation, internal whistleblowing procedures – you can read all about it in our articles.

16/09/2024​

Whistleblower protection obligations to kick in on 25 Sept​ember​ »​

​The Whistleblower Protection Act introduces new requirements for, among other things, entities hiring at least 50 people.

​26/06/2024

A new Whistleblower Protection Act »​

The Whistleblower Protection Act was published in the Journal of Laws on 24 June 2024​.

​20/06/2024

Whistleblower Protection Bill »

On 14 June 2024, the Sejm approved the Senate's amendments to the Whistleblower Protection Bill.​

​24/05/2024

The Whistleblower Protection Bill passed by the Sejm »​

The Sejm passed the Whistleblower Protection Bill on 23 May 2024. It aims to implement a directive of the European Parliament and the EU Council.

​​30/04/2024

Penalty for Poland for failing to implement the Whistleblower Protection Act on time »​

​On 25 April 2024, the Court of Justice of the European Union ruled in favour of the European Commission's complaint against Poland.

​6/03/2024

New Whistleblower Bill – fast-track procedure »

A brand new whistleblower protection bill intended to implement the Whistleblowing Directive (2019/1937) has appeared on the website of the Government Legislation Centre.

​16/01/2024

Whistleblowers – the bill may become law as early as the first quarter of 2024 »

A new whistleblower protection bill intended to implement the Whistleblowing Directive (2019/1937) has appeared on the website of the Government Legislation Centre.

​3/08/2023

The Whistleblowers Bill - new amendments »

The Government Legislation Centre is still working on the whistleblower protection bill. They published yet another version of the bill on 1 August to introduce just a few changes compared to the previous versions.

​25/07/2023

German Whistleblower Act »

The German Whistleblower Act (das Hinweisgeberschutzgesetz), which transposes the EU directive into German law, entered into force on 2 July 2023.

​22/12/2022

A next stage of work on the Whistleblower Protection Act »

On 20 December 2022 yet another (fifth) version of the Whistleblower Protection Bill was published on the website of the Polish Government Legislation Centre.

​2/11/2022

A reward system to encourage employees to make reports under the internal whistleblowing procedure »

The legislator continues its efforts to adopt the Whistleblower Protection Bill, currently in its fourth version. Each subsequent version of the bill comes with new regulations.

​28/10/2022

Can a job candidate be a whistleblower? »

The Directive on the protection of persons who report breaches of Union law provides a very broad definition of “a person who report breaches” (commonly known as a whistleblower).

​7/10/2022

Internal consultations as an element of implementing a whistleblower procedure »

The previous article discussed which entities – as specified in the Whistleblower Bill – would be required to implement the whistleblower procedure. This article will explore how to implement such a procedure.

​7/10/2022

Are persons reporting false information eligible for protection? »

Article 11 of the Whistleblower Bill says that no acts of retaliation or attempts or threats of such acts may be taken against a whistleblower. Are all whistleblowers, including those reporting false information, subject to protection?

​29/09/2022

Doubts about headcount thresholds triggering the obligation to implement the whistleblower procedure in the company »

How to calculate headcount to determine whether the company must implement a whistleblower procedure within a relevant deadline? Who should be counted in the 50 or 250 workers?

​23/09/2022

Recruitment: do you have to inform a job candidate about the content of your internal reporting procedure? »

The Whistleblower Protection Bill imposes an obligation to provide information about the internal procedure for reporting breaches of law and undertaking follow-up activities.

​16/08/2022

Employee liability in the context of reporting a breach of law »

As the Whistleblower Protection Bill is expected to become law, the question arises if an employee can be held liable for damage resulting from such reporting?

​8/7/2022

New (third) bill on whistleblowers »

Another, third version of the Bill on the Protection of Whistleblowers, i.e. persons who report or disclose breaches of law in the private or public sector, was published on the website of the Government Legislation Centre on 7 July 2022.

​23/11/2021

Whistleblowing – implementation necessary »

The draft bill on the protection of persons reporting breaches of law is at an advanced stage of the legislative process.

​16/02/2021

Whistleblowers and GDPR »

The whistleblowing system is a challenge for the security of personal data processing in an organisation. Before implementing it, you should remember about ensuring anonymity and confidentiality of data.

​7/5/2019

Protection of whistleblowers – new directive, new obligations »

The European Parliament adopted a directive on the protection of whistleblowers on 16 April 2019. The new regulation is intended to provide protection to persons reporting on breaches.

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Jarosław Hein

Attorney at law (Poland), Tax adviser (Poland)

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Jarosław Kamiński

Attorney at law (Poland)

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Łukasz Napiórkowski

Attorney at law (Poland)

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