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26 Jul 2022
Łukasz Łaguna

Another in a series of proposals for the Whistleblower Law has been published on the website of the Government Legislation Centre

The latest proposal does not entail major changes to the bill dated April 6, 2022, but the most important modifications include:

  • clarification that a person who suffers harm due to a whistleblower’s knowingly reporting or publicly disclosing false information is entitled to compensation from the whistleblower responsible,
  • introduction of a standard whereby obtaining information that is reported or made public, or gaining access to that information, cannot be grounds for liability, except where obtaining or accessing that information is a criminal act,
  • the obligation to establish channels in the internal whistleblowing procedure whereby a whistleblower can submit information, together with their postal address or e-mail address,
  • the obligation to establish a system of incentives in the internal whistleblowing procedure when unlawful actions can be effectively remedied within the employer’s organizational structure and the whistleblower believes that there is no risk of retaliation,
  • the possibility of providing intelligible information within the internal whistleblowing procedures about the rules for safe and untraceable submission of information in an IT system, ensuring the privacy of the whistleblower,
  • the rule that personal data and other information in the information submission records are retained for fifteen months after the end of the calendar year in which follow-up actions were completed or after an investigation prompted by these actions is completed,
  • a requirement that in general an internal whistleblowing procedure must be established within two months from the date of entry into force of the bill,
  • the bill enters into force two months after the date of promulgation.

The changes relative to previous versions of the draft are mostly editorial, which may suggest that the final form of the law may look very similar.