Protecting whistleblowers

In many workplaces, there are situations where applicable laws are violated. In order to react quickly to irregularities, the EU legislator, pursuant to Directive 2019/1937, created the whistleblower institution. The role of a whistleblower is to report violations of the law and irregularities to superiors or relevant state authorities. This is a task that requires a firm attitude, which is why a whistleblower protection system was created.

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Whistleblower protection system

In many workplaces, there are situations where applicable laws are violated. In order to react quickly to irregularities, the EU legislator, pursuant to Directive 2019/1937, created the whistleblower institution. The role of a whistleblower is to report violations of the law and irregularities to superiors or relevant state authorities. This is a task that requires a firm attitude, which is why a whistleblower protection system was created.

Why is legal protection for whistleblowers needed?

The whistleblower should report, among other things: manifestations of employee discrimination, tax evasion by the company, violation of environmental protection regulations and copyright law, actions inconsistent with the GDPR, violation of consumer rights or corruption during the implementation of public procurement. Disclosure of violations of the law should be based on facts and not on the subjective beliefs of the discloser. When reporting a particular type of breach, a whistleblower may simultaneously disclose personal data or company secrets.

Due to the protection of whistleblowers, the discloser obtains whistleblower status and cannot face negative legal consequences or discriminatory behavior in the workplace.

What does whistleblower protection look like in practice in an enterprise?

The regulations require entities operating in the financial sector, private companies employing at least 250 people and all public institutions and companies controlled by the state to implement a whistleblowing system that will enable effective protection of whistleblowers. In practice, employers are required to set up an internal whistleblower reporting channel where only authorized staff members will be authorized to receive and follow up reports. The whistleblower’s identity will not be disclosed to another person and only an employee authorized to receive reports will be able to contact the whistleblower, which in practice will enable the whistleblower to remain anonymous to other people. The regulations impose penalties on employers who fail to keep the whistleblower’s identity confidential.

In connection with the reported report, the whistleblower cannot be held responsible for breaching the confidentiality obligation, breaching business secrets and provisions on the protection of personal data, copyrights or defamation. The employer cannot claim damages from the whistleblower if he would suffer damage as a result of disclosing violations of the law.

The employer may not retaliate against the whistleblower by discriminating at work, terminating the employment contract, reducing remuneration or changing the position or place of work. The catalog of retaliatory actions against the whistleblower is open, and the directive assumes that if the whistleblower has suffered damage, it is the result of retaliatory actions taken, and the burden of proving the legitimacy of the actions lies with the employer.

Directive 2019/1937 makes it mandatory to establish criminal sanctions on employers who obstruct reporting and retaliate against whistleblowers and violations or initiate proceedings against whistleblowers.

A lawyer or legal adviser is the recommended solution to prepare the company to meet the requirements of the Whistleblower Protection Directive. At the BTLA law firm, a team of lawyers deals with the implementation of appropriate internal procedures and channels for reporting irregularities in the structures of enterprises.

Author:

Łukasz Oleś

Advocate

He currently focuses his practice on banking, insurance and criminal cases, in particular concernin. crimes against financial institutions. He believes that practicing as an attorney consists of providing services to all those who need it, regardless of their current situation. His motto is the words of Roman jurist Ulpian Domitius: "Advocatus non accusat - a lawyer does notaccuse."

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