12.01.2024
The draft of the Law on the Protection of Persons Reporting Violations of the Law (UC1) has been registered in the legislative and program registry of the Council of Ministers: https://www.gov.pl/web/premier/projekt-ustawy-o-ochronie-osob-zglaszajacych-naruszenia-prawa3. The aim of the proposed law is to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019, on the protection of persons reporting violations of Union law.
The law is intended to provide protection for individuals reporting or disclosing information or reasonable suspicions of legal violations in the context related to work, regardless of the form of employment or service. Guarantees and legal remedies outlined in the law are also intended to be available to individuals other than those exclusively employed under an employment contract, such as contractors, subcontractors, suppliers, shareholders, partners, and members of legal entities’ bodies.
Protection will also extend to individuals making reports before the commencement of employment or any other legal employment-related relationship, as well as after its termination. The proposed law will exclude the possibility of reprisals or accusations against those reporting violations in accordance with the principles defined in the law.
Reporting legal violations will be possible through internal reporting channels established by private and public entities, external reporting channels to state authorities, and public disclosure. Procedures for reporting legal violations to state authorities, referred to as “external” channels, will be regulated by the law, along with the obligation to verify reports and take subsequent actions.
The Ombudsman will serve as the supporting institution for whistleblowers, fulfilling two roles: providing information and support to reporters and receiving external reports, conducting preliminary verification before forwarding them to the relevant institution for substantive examination. This institution will also be obliged to inform the whistleblower about the actions taken and provide the Ombudsman with comprehensive information regarding the actions taken in connection with the report.
The law will regulate the principles of receiving reports and providing feedback on subsequent actions. However, the procedures for reviewing reports, including the examination of information about alleged violations, as well as the scope and nature of actions taken, will not be subject to regulation by the law. Reports will cover actions and omissions violating the law in the areas specified in the law.