The third edition of the bill on whistleblowers

The website of the Government Legislation Center has already published the third version of the draft act on the protection of persons who report violations of the law, which is the implementation of the Whistleblower Directive which we have already written about into the Polish legal system.

The changes proposed in the new draft are not significant, which may mean that we are close to the end of the state of uncertainty among employers and the final wording of the Polish regulation. The most important changes from the point of view of employers, i.e. entities that will be obliged to implement the internal reporting procedure, include:

1. Introducing the obligation to include in the internal notification procedure a system of incentives to use this procedure - in accordance with the proposed article 25.1.7. of the Act, the employer is required to specify in the internal reporting procedure a system of incentives to use the internal reporting procedure, where the breach of law can be effectively remedied within the organizational structure of the legal entity and the reporting person believes that there is no risk of retaliation. At the same time, the legislator did not indicate what types of incentives may be provided for in the procedure, and therefore employers will be free to do so.
2. Introduction of a new optional element of the internal reporting procedure - according to the planned article 25.2.4. the internal reporting procedure set by the employer may additionally include comprehensible information on the principles of safe and traceless reporting in the IT system, ensuring the privacy of the reporting person.
3. Changes in regards to the processing of personal data - the new draft act proposes, inter alia, extending the period of storage of personal data and other information contained in the register of notifications. The period is intended to be 15 months after the end of the calendar year in which the follow-up was completed or at the end of the procedures initiated by this follow-up.
4. Change of the implementation date - private entities for which work of at least 50 people and less than 250 people will be required to establish an internal procedure by December 17, 2023. Other entities will have to fulfill this obligation within 2 months from the date of entry into force the law.