There is no need to convince anyone about the growing importance of compliance in Polish companies. Its role in functioning of the company is invaluable. Proper internal organization allows you to manage a number of risks and crisis situations. 

Complinace in the area of interest of legislators

Even though more and more companies implement compliance procedures in their organizations and adopt a number of related solutions, it is still dispersed in various legal regulations, practices and guidelines announced by organizations associating entrepreneurs and the Stock Exchange. It does not make it easier to understand the essence of compliance or to implement a compliance management program that takes into account all the necessary elements. 

In the recent years, the compliance area has been among the interests of the Polish legislator several times. Draft acts on transparency in public life or on the liability of collective entities had a significant impact on the discussions on the state of compliance in Poland. Currently, this discussion mainly concerns whistleblowing and the internal investigation procedure - in connection with the adoption by the European Union institutions of the directive on whistleblower protection, which is to be implemented by the end of 2021.  

Is it possible to prevent abuses only through legal tools?

Knowledge of the law – including those that relate directly to the compliance function – is only part of the issue. Above all, compliance officers in an organization must be able to reconcile legal and ethical requirements with the entity's business needs. Therefore, they must understand the business environment and the market which this organization operates in.

Compliance officer must manage human resources and raise awareness of the rules in the company through continuous training and communication. Finally, he must be a partner, clarifying doubts, building understanding and respect for procedures and rules.  

More in the first article in the series "Compliance in the company" about the compliance management system by advocate Janusz Tomczak and advocate Damian Tokarczyk, PhD "A signature under the company's code of ethics is not enough"