The Polish legislator is finally, after a three-year delay, finalizing work on the implementation of Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law (hereinafter referred to as the “Directive”).
On August 1, 2023, the ninth draft of the Act on the protection of persons reporting violations of the law, prepared by the Minister of Family and Social Policy, appeared on the website of the Government Legislation Center (the draft is dated July 12, 2023). The proposed act will protect persons who report or disclose information or have reasonable suspicions of a violation of the law, working in the private or public sector, who obtained information about a violation in a work-related context. As of the date of publication of the last draft, Poland is one of two countries (along with Estonia) that have not yet implemented the Directive.
As indicated in the justification of the draft:
It is proposed that the Act enters into force after 2 months from the date of publication, with the exception of those provisions of the draft that impose on legal entities and public authorities the obligation to establish a procedure for accepting reports (it is proposed that they enter into force after 14 days from the date of publication). (…) As a consequence, the obligation to establish a procedure for internal and external reporting will be imposed 1.5 months before the entry into force of the provisions enabling reporting and introducing whistleblower protection. This means that entrepreneurs will be obliged to implement the new regulations in a very short time and it is worth starting preparations for their implementation now.
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