Violating the Polish whistleblowing law: Penalties

The new 2024 Polish Whistleblowing Law (Act of 14 June 2024 on the protection of whistleblowers) sets out its sanctions in Chapter 6. They are criminal penalties imposed by the courts, not administrative fines set by a regulator. Here is a breakdown of what the law actually provides:

1. Penalties for employers and organizations:

• Failure to Establish an Internal Reporting Procedure:
  • Entities in which at least 50 people perform paid work must adopt an internal reporting procedure. The person responsible who fails to adopt it, or adopts it in material breach of the law, commits a petty offence punishable by a fine of up to PLN 5,000 (Art. 58).
• Breaching the Duty of Confidentiality:
  • Disclosing a whistleblower’s identity contrary to the law is a criminal offence punishable by a fine, restriction of liberty or up to 1 year of imprisonment (Art. 56).
• Failure to Follow Up on Reports:
  • The internal procedure must set a deadline of no more than 3 months for feedback to the whistleblower. The law sets no separate fine for late feedback, but a procedure that does not meet this requirement can fall under Art. 58.
• Retaliation Against Whistleblowers:
  • Retaliation, such as dismissal, demotion or discrimination, is punishable by a fine, restriction of liberty or up to 2 years of imprisonment, and up to 3 years if it is persistent, according to the Polish Whistleblowing Law (Art. 55).
• Obstructing Reports:
  • Preventing or significantly hindering a report is punishable by a fine, restriction of liberty or up to 1 year of imprisonment, and up to 3 years where violence, unlawful threats or deception are used (Art. 54).

2. Penalties for individuals:

• Knowingly Making False Reports:
  • Making a report or public disclosure while knowing that no breach occurred is punishable by a fine, restriction of liberty or up to 2 years of imprisonment (Art. 57). This is to discourage malicious or intentionally misleading reports.
• Disclosure of a Whistleblower’s Identity:
  • Anyone involved in handling reports who reveals a whistleblower’s identity contrary to the law faces the same penalties as under Art. 56: a fine, restriction of liberty or up to 1 year of imprisonment.

3. Civil and criminal liabilities under the Polish whistleblowing law:

• Criminal Liability:
  • All offences in Articles 54 to 58 are prosecuted before the courts. Except for Art. 58, which carries only a fine, they can lead to imprisonment for the persons directly responsible.
• Compensation for Damages:
  • Whistleblowers who suffer retaliation may claim compensation of no less than the average monthly salary in the previous year, or damages for the harm suffered. Persons harmed by a knowingly false report may also claim compensation.

4. Enforcement and supervisory authority:

• Role of the Authorities:
  • The law does not create a regulator that imposes fines. External reports go to the Polish Ombudsman (Rzecznik Praw Obywatelskich) or to the competent public authority, while the penalties are imposed by the courts. Employers therefore remain responsible for overseeing compliance with their own internal procedure.

These penalties are part of the law’s framework to encourage ethical conduct within organizations while safeguarding whistleblowers from retaliation, ensuring that Poland aligns with the broader European Union directive on whistleblower protection.