On May 25, 2023, another version of the draft act on the protection of persons reporting violations of the law (hereinafter referred to as the " Draft ") was published on the website of the Government Legislation Centre.
The latest version of the bill has already been submitted to the Standing Committee of the Council of Ministers for consideration. The progress of the legislative process and the accelerated entry into force of the act under review indicate a high probability that the bill will be submitted to the Sejm and passed before the elections.
This article will discuss the most important changes that the latest Project provides in relation to its predecessors.
1. Changes in internal reporting
Pursuant to the provisions of the draft Act, private entities employing between 50 and 249 people may, on the basis of an agreement, establish common rules for receiving and verifying reports and conducting explanatory proceedings, provided that the activities performed are in compliance with the Act.
Moreover, the term "incentive system" for prioritizing internal reporting has been removed from the list of mandatory elements of the internal procedure, moving it to the optional components of this procedure. The explanatory memorandum to the Bill also clarifies how the "incentive system" should be understood.
2. Changes to external reporting
The draft also introduces changes to whistleblower protection against retaliation in the event of an external report. According to the draft, whistleblower protection for reporting whistleblowers will begin only after they receive (ex officio) a protection certificate issued by a public authority. The authority will have a guideline deadline of 30 days to issue such a certificate (Article 6(1) and Article 36 of the Draft).
As explained in the justification for the project, the introduction of this solution is intended to reduce external reporting and promote internal reporting.
3. Changes to the data retention period
Businesses should also note the extension of the retention period for data processed in connection with the receipt of a report or the taking of action. According to the current Draft, this period is three years from the end of the calendar year in which a specific case was resolved in accordance with one of the methods specified in the Draft (in the previous version of the Draft, this period was 15 months).
4. Changes in the scope of vacatio legis
The analyzed Project also provides for a change in the date of entry into force of the provisions of the Whistleblower Act.
Due to delays in the transposition of the Whistleblower Directive in Poland, the Act is scheduled to enter into force two months after its publication. Except for certain provisions, which will enter into force on the day following its publication.
5. Changes in the scope of bodies authorized to receive external reports
Under the proposed regulations, the Polish Financial Supervision Authority has been removed from the definition of "public authority." This means that the aforementioned entity will no longer be authorized to accept external reports.
The State Labor Chamber, in turn, has been retained as the "central institution" that will accept external reports in cases where the reporting party cannot identify the appropriate public authority. The new bill also introduces more detailed provisions regarding the role and responsibilities of the State Labor Chamber in the external reporting system.
Link to the project: https://legislatka.rcl.gov.pl/projekt/12352401/katalog/12822882#12822882
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 30, 2023
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