On 12 April 2022, the Ministry of Family and Social Policy published a new draft law on the protection of whistleblowers (the "Whistleblowers Act"), in which the authors partially addressed the demands made in the procedure of agreement and public consultation.
The following is a summary of the key changes from the October 2021 draft, which we wrote about in particular here .
Following the model of the implemented Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of whistleblowers (the "Directive"), the authors of the draft law abandoned the definition of a whistleblower as a person primarily in an employer-employee relationship within the meaning of Polish labour law.
The new definition of a whistleblower does not differentiate between the forms of work provided or the nature of the legal relationship between the whistleblower and the legal entity in which the irregularity was committed, if the whistleblower learned about the irregularity in a broadly understood context related to work (provision of services, performance of a function).
The change is not purely editorial and has important consequences for the legal position of whistleblowers and their access to intra-organisational whistleblowing tools, as discussed in more detail below.
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