[co-author: Karolina Dębiec]
Following the publication of the third draft law of 4 July 2022 on the protection of whistleblowers, Hogan Lovells has prepared a summary of the main features of said draft law which is intended to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. The draft law is still at the stage of governmental work (that is according to the information available on the Governmental Legislation Centre’s page) at the stage of opinions from employers' organisations and trade union organisations.
The third iteration of the draft differs from the first statutory assumptions of 14 October 2021 which we provided information about last December. The legislator has now extended the scope of the new regulations not only to employers, but in principle to all legal entities for which work is performed. The group of persons who can make notifications has also been expanded to include temporary employees, apprentices, or professional soldiers. The catalogue of prohibited retaliatory actions has been amended to include coercion, intimidation, mobbing, causing financial loss, or inflicting non-material damage. The catalogue of offences related to the whistleblowing procedure has been expanded and the penalties already existing in the draft have been strengthened.
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