3 years imprisonment for violations: Poland presents whistleblower bill

Things are getting serious: by December 17, 2021, EU member states must have transposed the new Whistleblower Directive into national law. Poland has now published a draft law to this end. The content has surprised some observers, because Poland has far exceeded the requirements of the EU directive.

What is particularly striking is that there is to be up to three years' imprisonment for the managing director if the company has not installed a whistleblower system that complies with the requirements. This is not to be trifled with.

Also relevant for German companies

The prison sentence is to apply if wrongdoing could not be reported or could not be reported sufficiently due to a lack of reporting systems. In addition, the management must ensure that the reports are processed in an appropriate manner and within the deadlines.

In this context, the managing directors are to be expressly liable if the whistleblower requirements have not been implemented accordingly.

We have already warned of precisely such liability risks on several occasions. Although this is the Polish version of the directive, German companies are also affected: On the one hand, many German companies are active in Poland. On the other hand, the German implementation of the directive could look similar.

The law has not yet been passed in Poland. The final decision will be made this week. However, the majority situation in Poland suggests that the requirements will be implemented as proposed.

In this case, the new law would take effect just 14 days after it is passed. All companies with a site in Poland should therefore have the topic of whistleblowing at the top of their agenda.

The status in Germany

In Germany, an implementation draft has already been available since December 2020. However, the legislative process has come to a standstill due to differing opinions. Now the deadline is getting closer and closer, and at the same time the prospective government is in coalition negotiations.

It is therefore quite possible that implementation will not take place by December 17. In this case, it can be assumed that the EU-wide directive will be resorted to in possible proceedings to obtain a ruling even without a national law.   

In any case, the legal situation will therefore also change in Germany on December 17. At present, however, it is unclear exactly how. If Germany follows the Polish example, then companies in this country can also expect even stricter measures than those envisaged by the EU directive.

So, it doesn't matter whether you have a site in Poland or in Germany: Now it's getting serious. With the international solution from whizzla, you are extensively prepared and can meet all requirements quickly and in compliance with the law. In every EU country! Call us at +49 6052-803870-0 or send us an e-mail at hello(at)whizzla.com. You can also speak directly with our experts via video chat using the chat window at www.whizzla.com.