Whistleblowers in Poland

About

Whistleblowers are individuals who report irregularities they learn about in the performance of their duties to the relevant authorities. In doing so, whistleblowers may contact authorities within their organization (e.g., superiors or auditors) or external authorities, such as the police or prosecutors. The activities of whistleblowers are used to prevent serious irregularities in organizations at an early stage, which often escalate into criminal or economic crimes. The work of whistleblowers is seen as an important contribution to public safety.

According to the EU Directive on the Protection of Whistleblowers and the draft Polish law in this regard, companies employing more than 50 people and public authorities are required to implement confidential channels for whistleblowing. The purpose of these provisions is to enable and at the same time encourage the reporting of abuses that may take place within an entity, with the protection of whistleblowers ensured.

To effectively carry out whistleblower-related tasks in complex organizations, many years of diverse experience in the areas of commercial, criminal, fiscal and criminal-economic law are necessary. Expert knowledge is essential in the effective implementation of the requirements enshrined in the above-mentioned directive and the proposed law, and allows to avoid legal and financial consequences (failure to implement appropriate solutions risks financial sanctions), and above all will help protect the reputation of a company.

We have extensive knowledge and rich practice in conducting internal investigations in cases of fraud, economic fraud, corporate crime (with particular emphasis on economic crimes), fiscal criminal offense and corporate disputes, which guarantees professional and comprehensive support in the field of verification of whistleblower reports and follow-up.

The scope of our services includes:

  • analysis of client needs and development of relevant policies, internal procedure and necessary documentation, including criminal compliance;
  • supervising the implementation of the notification procedure and other required procedures;
  • conducting training on whistleblower protection obligations for the board of directors and senior managers; for those who have been appointed to operate the whistleblower notification system and for all covered employees;
  • conducting periodic and ad hoc training on internal procedure and other implemented procedures;
  • conducting legislative monitoring and reviewing procedures for the need for possible changes in the context of amendments;
  • handling whistleblower reports and support in reviewing and evaluating whistleblower reports;
  • full legal and follow-up support, including conducting internal investigations, preparing an appropriate action plan, communicating with the whistleblower and conducting internal audits;
  • handling criminal and criminal-economic cases in case of irregularities.

Our services are aimed at:

  • entities implementing whistleblower regulations;
  • companies and institutions exposed to economic crime;
  • whistleblowers;
  • entities harmed by economic crimes.
Read more

Whistleblowing

Workplace whistleblowing is when an employee reports wrongdoing in an organisation, such as financial misconduct, exploitation or discrimination. This person is often an employee but can also be a third-party such as a supplier or customer.

A whistleblower in a workplace is a person who reports irregularities related to employment. A whistleblower is someone who raises the alarm about violations of the law and has a legitimate basis for doing so.

Whistleblowing can occur also on an international level – this when someone makes a report within an organisation. Companies in the EU with at least 49 employees are now legally required to  implement internal whistleblowing channels for this purpose so that employees and other stakeholders can speak up if they become aware of misconduct.

External whistleblowing is when a person blows the whistle publicly, either to the media, police or via social media channels. It often concerns human rights violations.

Such complaints focus on conduct prohibited by a specific law such as a criminal offence, discrimination or evidence of a cover up. Speak up policies may however cover a broader range of issues related to compliance and ethics.

Whistleblowers differ from ‘ordinary’ complainants in that they act in the public interest. A whistleblower makes a report to protect the common good rather than his or her personal interest or that of immediate family members. Furthermore, in order to benefit from whistleblower status, the whistleblower should be convinced that the information he or she is providing is true.

Protection to whistleblowers:

  • The identity of the whistleblower will be kept confidential and it is protected by the law.
  • He mustn’t be fired from his position for taking whistleblowing activities.
  • Companies should have whistleblowing procedures so that individuals don’t worry if they need to disclose information.

Whistleblowing for employees

Unlawful activities and abuse of law may occur in any organisation, whether private or public, big or small. They can take many forms, corruption, fraud, businesses’ malpractice or negligence. And if they are not addressed, it can result in serious harm to the public interest.

Whistleblowers, i.e. persons who report wrongdoing at work or disclose (to the public) information on a wrongdoing obtained in a work-related context, help preventing damage and detecting threat or harm to the public interest that may otherwise remain hidden.

Public interest

Whistleblower law in EU: April 23, 2018, the European Commission presented a package of initiatives including a Proposal for Directive on the protection of persons reporting on breaches of Union law and a Communication, establishing a comprehensive legal framework for whistleblower protection for safeguarding the public interest at European level, setting up easily accessible reporting channels, underlining the obligation to maintain confidentiality and the prohibition of retaliation against whistleblowers and establishing targeted measures of protection.

Whistleblowers often face retaliation for their disclosure, including termination of employment. Several other actions may also be considered retaliatory, including unreasonable increase in workloads, reduction of hours, preventing task completion, mobbing or bullying for report the misconduct and information about wrongdoing.

Empower Your Organization and Protect Whistleblowers with Expert Legal Guidance

Whistleblowing plays a vital role in fostering transparency, integrity, and accountability within organizations. Implementing effective whistleblower protections and procedures is not only a legal obligation but also a step toward building trust and safeguarding public interest. Our law firm is here to help you navigate the complexities of whistleblower regulations, ensuring compliance while protecting your organization’s reputation and fostering a safe environment for reporting irregularities.

Whether you are implementing whistleblower policies, addressing a specific case, or seeking training and support, our expertise in compliance, internal investigations, and economic crime cases ensures comprehensive and professional assistance. Contact us today to create a secure and compliant framework that empowers employees to speak up while protecting your organization from potential risks.

Any questions?

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice

+48 509 211 000

How can
we help you?

Contact
the experts

Maciej Zaborowski

Advocate, Managing Partner

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice

FAQ

Who are whistleblowers?

Whistleblowers are individuals who report irregularities, misconduct, or illegal activities they become aware of during the performance of their duties. They can report internally within their organization (to superiors, auditors, or compliance officers) or externally to authorities such as law enforcement or prosecutors. Whistleblowers play an important role in early detection and prevention of serious organizational irregularities, often including criminal or economic crimes.

What legal protections do whistleblowers have in Poland?

Poland implements protections in line with the EU Directive on the Protection of Whistleblowers. These protections include confidentiality guarantees, prohibition of retaliation, and legal safeguards against dismissal, discrimination, or other adverse treatment as a result of whistleblowing. Businesses employing more than 50 people and public authorities are required to establish confidential reporting channels to facilitate whistleblower disclosures.

What kind of irregularities can be reported by whistleblowers?

Whistleblowers may report a wide range of issues, including but not limited to:

  • Fraud and economic crimes
  • Corporate misconduct and violations of internal procedures
  • Corruption and bribery
  • Tax offenses
  • Environmental violations
  • Any other activities posing legal, ethical, or reputational risks to the organization or public safety

What obligations do companies have regarding whistleblowers?

Under current and upcoming Polish legislation, companies with over 50 employees and public bodies must:

  • Create and maintain confidential channels for reporting whistleblowing cases.
  • Implement and supervise whistleblower policies and procedures.
  • Protect whistleblowers against retaliation or exposure.
  • Conduct training for employees, management, and designated whistleblower system operators.
  • Regularly review and update whistleblowing procedures in line with legislative changes.

How can organizations effectively manage whistleblower reports?

Effective management includes:

  • Promptly receiving and objectively reviewing reports.
  • Conducting thorough internal investigations when necessary, with expert legal support.
  • Maintaining confidentiality and protecting the whistleblower’s identity.
  • Taking appropriate corrective or disciplinary measures based on findings.
  • Communicating transparently with the whistleblower regarding follow-up and outcomes, while respecting privacy.

What services do legal experts provide related to whistleblowing in Poland?

Experts assist with:

  • Developing and implementing whistleblower policies and internal procedures, including criminal compliance frameworks.
  • Supervising and supporting the establishment of reporting channels and systems.
  • Providing training and advisory services for boards, senior management, and employees.
  • Handling whistleblower reports, including review, evaluation, and follow-up investigations.
  • Conducting thorough internal audits and investigations into reported irregularities.
  • Representing clients during criminal or economic crime proceedings arising from whistleblower disclosures.

Who benefits from whistleblower-related legal and advisory services?

  • Companies and institutions implementing or required to implement whistleblowing systems.
  • Entities exposed to risks of economic or criminal offenses.
  • Individual whistleblowers seeking protection and guidance.
  • Organizations harmed by irregularities reported via whistleblowers requiring follow-up or litigation support.

What are the consequences for failing to implement proper whistleblower protections?

Organizations risk financial sanctions and legal penalties for non-compliance with whistleblower protection laws. Additionally, lack of adequate whistleblower systems can damage corporate reputations, reduce employee trust, and increase vulnerability to fraud and corruption.

How do whistleblowers contribute to public safety and organizational integrity?

By reporting misconduct early, whistleblowers help prevent escalation of illegal or unethical practices, protecting company assets, public funds, and societal interests. Their role is critical in deterring criminal activities, promoting transparency, and enhancing governance standards.

What should individuals do if they wish to blow the whistle in Poland?

  • Use designated confidential internal reporting channels if available.
  • If internal reporting is inappropriate or ineffective, report to external authorities such as police, prosecutors, or regulatory bodies.
  • Seek legal advice to understand rights and protections applicable to whistleblowers.
  • Preserve evidence carefully and avoid unauthorized disclosure that could compromise investigations.
  • Ensure confidentiality to minimize personal or professional risks.