flash news: #whistleblowing

27 June 2024
Procedures for internal notifications to be introduced already in September

On 24 June 2024, the Whistleblowers’ Act was published in the Journal of Laws of the Republic of Poland with most of its provisions taking effect on 25 September 2024.

Employers must now determine whether they are obligated to introduce procedures for internal notifications – we have prepared guidelines on how to check.

Text of the Law

 

21 June 2024
The law on the protection of whistleblowers has been signed by the President

On Thursday, 20 June 2024, the legislative work concerning the implementation of the European Parliament and Council (EU) Directive 2019/1937 was completed. The President signed the Law on the Protection of Whistleblowers.   

The law will now be published in the Official Gazette, which will trigger the start of the vacatio legis period. Most of the provisions will enter into force three months after the date of promulgation, most probably at the end of September 2024.

read more
14 June 2024
The Law on the Protection of Whistleblowers – the Sejm has adopted the Senate’s amendments, and it is currently awaiting the President’s signature

On Friday, 14 June 2024, the Sejm (the lower house of Polish Parliament) passed a law on the protection of whistleblowers. Thus, a piece of legislation that does not relate to labour law will go to the President for signature. Under the whistleblowing procedure, legal entities will not have to deal with reports of bullying or discrimination. Employers will be entitled to consider such reports, but this will not be mandatory.

read more
5 June 2024
The Whistleblower Act – the Senate has removed labour law from the areas of law in which a whistleblower can report wrongdoing

On Wednesday, 5 June, 2024, the Senate submitted changes to the whistleblower bill adopted by the Sejm – removing labour law from the list of areas in which wrongdoing can be reported. The bill will now return to the Sejm, which will decide whether to approve the change made by the Senate.

read more
23 May 2024
Ustawa o ochronie sygnalistów przyjęta przez Sejm

W czwartek 23 maja 2024 r. Sejm przyjął ustawę o ochronie sygnalistów implementującą do polskiego porządku prawnego dyrektywę Parlamentu Europejskiego i Rady (UE) 2019/1937 z 23 października 2019 r. w sprawie ochrony osób zgłaszających naruszenia prawa Unii. Teraz ustawą zajmie się Senat.

Przepisy ustawy co do zasady mają wejść w życie po trzech miesiącach od jej ogłoszenia w Dzienniku Ustaw.

 

29 April 2024
Penalty for late implementation of the Whistleblower Protection Directive

On 25 April 2024, following a complaint from the European Commission, the Court of Justice of the European Union ruled that Poland has failed to fulfil its obligation to implement the EU’s Whistleblower Protection Directive.

EU Member States were given time to 17 December 2021 to adopt the necessary national regulations. According to the CJEU, “the wide scope of the regulations under the mentioned directive does not justify the lengthening time being spent on legislative work”. The CJEU also did not accept the difficulties that Poland raised in connection with the COVID-19 pandemic or the reception of war refugees from Ukraine.

read more