As of May 1st 2017 new regulations came into force, which oblige banks and investment firms to, among others, implement a comprehensive whistleblowing system and to provide effective protection for persons reporting irregularities (whistleblowers). Although there have been some tentative legal regulations in this scope, new provisions have streamlined the system and detailed the specific responsibilities of companies and their managing bodies. New legal acts adapt Polish law to European regulations (i.a. CRD IV Directive, Market Abuse Regulation).

Under the new regulations, banks and investment firms should implement a compliance system, set up a compliance unit within their structure and implement anonymous reporting procedures. They shall determine the way of protecting the whistleblower, including at least protection against repressive actions, discrimination or other types of unfair treatment. The compliance unit should be granted independence and sufficient financial means for performing its duties and improving the skills of its members. The members of the Board of companies from the financial sector are responsible for ensuring a proper and efficient compliance system.

Generally, except the banks and investments companies, provisions of the Polish law do neither oblige Polish companies to implement a whistleblowing system, nor provide a protection to the whistleblowers, as well as they do not create any legal frames for conducting the proceedings upon basis of whistleblowing. The Polish law also does not directly impose the obligation to report irregularities. However, such a duty is indirectly originated from art. 100 § 2 point 4 of the Polish Labor Code, which implies the obligation of the employee to take care of the welfare of the workplace and protect its property. However, this obligation applies to employees only. In case of a litigation, in spite of a lack of the national provisions in this scope, the whistleblower is entitled to have some protective guarantees, due to the principle of freedom of speech arising from the European Convention for the Protection of Human Rights and Fundamental Freedoms. The European Court of Human Rights has worked out criteria for assessing, whether the whistleblower's statement falls within the limits of freedom of speech (e.g. public interest and good faith of the whistleblower). Poland is obliged to exercise the ECHR's judgments, and failure to comply with this obligation exposes the Polish state to liability for damages.

However, despite the lack of the whistleblowing regulations in the Polish law, more and more companies operating in Poland implement compliance programs, which include a whistleblowing system. This, among others, is due to an increasing social pressure on the ethical functioning of enterprises. The other reason are the legislative changes in international and national law – like those, concerning banks and investment firms, which will probably affect other sectors.

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