Piotr Kryczek: Controversy over the Act on whistleblower protection

The implementation of the Act on the protection of whistleblowers poses a major challenge for many entrepreneurs, who are wondering how to adapt their internal procedures to the new legislation and how to minimise the risks associated with potential reporting. Some experts raise doubts about the compliance of the Polish Act with the EU directive. Nevertheless, a detailed reading of the Act and the Directive helps to allay many of the concerns that arise.

The Act on whistleblower protection, while generating a lot of interest, also raises many questions and concerns. Doubts include whether businesses can already start setting up internal notification procedures now or whether they should wait until the provisions of the Act come into force.

Meanwhile, Piotr Kryczek, Counsel, TGC Corporate Lawyers in an article for Rzeczpospolita explains: firstly, it follows from the essence of vacatio legis that it is a period which the legislator gives to the addressees of regulations to prepare for the entry into force of the act. There is no obstacle for this preparation to consist in the creation of a procedure in accordance with the guidelines contained in the act. Secondly, from the point of view of the objectives of the Directive and the Act, it seems rational to introduce protection of whistleblowers as soon as possible, in particular when the implementation of the Directive into the Polish legal order is significantly delayed.

The article is available in Polish only.

Learn more: How to prepare an internal notification procedure and what elements should such a document contain?
Register for our free webinar: Whistleblower protection – implementation of the new Act

Learn about our service: Protection of whistleblowers