As we informed you in the last article published on Technoglogy, the deadline for implementing Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law (the so-called Whistleblower Directive) expires on 17 December 2021. All Member States are obliged to implement the provisions of the Directive by that date.
Work on the Act on the Protection of Persons Reporting Violations has already begun. The draft Act on the Protection of Persons Reporting Violations has been included in the Council of Ministers' legislative and programmatic agenda. We don't yet know the details of the regulation, but the description alone provides some key information and guidance for the legislator.
- The proposed law will protect individuals who report or disclose information or reasonable suspicions of a violation of the law, working in the private or public sector, and who have obtained information about a violation in a work-related context. The guarantees and legal remedies provided for in the law will apply to individuals reporting violations, regardless of the basis and form of employment (e.g., employment contract, civil law contract, B2B contract, volunteering, internship), including those working for entities with which the employer maintains business relations, such as contractors, subcontractors, or suppliers, and other individuals reporting information about violations in a work-related context, such as shareholders, partners, and members of a legal entity's governing bodies. Protection will also apply to reporting individuals whose employment relationship has terminated or is about to be established, if information about the violation was obtained during the recruitment process preceding the conclusion of the contract.
- The Act will exclude the possibility of being exposed to any detriment or being held accountable for making a report or public disclosure under the terms of the Act. A prohibition will be introduced against any unfavorable treatment, including unfavorable treatment in employment.
- Interestingly, the content of the description of the draft act indicates that the whistleblower act will immediately cover entrepreneurs employing at least 50 employees, and not 250 employees as originally planned .
- Entities operating in the financial sector (including banks, investment funds, insurance companies, reinsurance companies, trust funds, pension companies, pension funds, brokerage houses, investment fund companies) will be obliged to establish internal channels for reporting breaches, regardless of whether they belong to the public or private sector and regardless of the number of employees.
- The implementation of the procedure for reporting irregularities will require arrangements with company trade unions and, in the absence thereof, consultations with employee representatives.
- The procedure for reporting irregularities will have to specify, among other things: the organizational units or individuals designated to receive reports, take follow-up action, and provide feedback; the methods for reporting and confirming receipt of reports, as well as the deadlines for activities to be carried out.
- The body accepting external reports will be the Commissioner for Human Rights.
Below is a link to the description of the draft law:
If you have any questions or concerns, please contact us.
