Protection of whistleblowers in Poland: Who must comply with the new law?

In Poland, companies and institutions qualify for the Whistleblower Protection Act if they employ at least 50 people or provide work for them. This requirement covers a wide range of entities, including those operating under civil law contracts. Regardless of the number of employees, institutions operating in sectors such as financial services, anti-money laundering and counter-terrorist financing, transportation security and environmental protection must also establish internal procedures for reporting violations of the law.

Organizations must establish internal procedures for whistleblower protection within 3 months for internal reporting and 6 months for external reporting after the law takes effect. It is crucial to develop and implement internal regulations that specify the rules for reporting, acknowledgment of reports and follow-up, and to establish effective mechanisms for their application.

Poland was previously fined for failing to take the necessary steps to implement the Signals Directive.

In summary, the Whistleblower Protection Law is about:

• Private companies employing at least 50 people.
• Financial sector and related areas, regardless of the number of employees.
• Public institutions, including broadly defined public bodies.
• NGOs and other institutions that can voluntarily implement whistleblower protection systems, even if they employ fewer than 50 people.
• Companies with fewer than 50 employees are not required to implement these procedures, but may do so voluntarily.

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