24 months to implement EU legislation on the protection of whistleblowers

2019.12.10

On October 7, 2019, the Council of the European Union adopted a Directive on the protection of whistleblowers reporting cases where the Union laws are violated. EU member states will be given two years to implement the solutions stipulated in the directive. The Polish legislator will have to introduce a special regime for the protection of whistleblowers as well as handling of information provided by them.

The directive stipulates the rules of reporting activities contrary to the EU law (e.g. in the sectors of public procurement, consumer protection, public health, product safety, and transport) and applies to whistleblowers working in the private or public sector who have obtained information about violations in a work-related context. A whistleblower may be an employee, a co-worker, members of company bodies or even candidates who report violations in good faith. The "work-related context", according to the Directive, means "current or future public or private sector work activities where, regardless of their nature, individuals can obtain information about violations and may experience retaliation when reporting them".