BTLA offers legal assistance on compliance – ensuring that activities comply with standards, recommendations or relevant practices.
In Western countries, compliance, i.e., ensuring business activity is compliant with standards, recommendations or appropriate practices, has played an important role in the activity of small enterprises and large corporations for many years. In Poland, it is a relatively young field, but one which is gaining in importance. Foreign businesses often demand that their Polish counterparties present an anti-corruption code, a compliance policy and relevant provisions on the protection of whistleblowers. If an enterprise has such documents, it strengthens its position towards its counterparties (especially in their relations with foreign clients) and demonstrates a conscious and reliable approach to conducting business in an honest way. It also provides assurance that transactions are conducted properly. And who are the whistleblowers mentioned above? Whistleblowers are persons who possess and then report information on irregularities occurring in each organisation to the competent authorities. Such persons should receive special protection and should not be discriminated against because of their activity. They cannot face any negative consequences on this account. Polish law already includes an act on liability of collective entities, but EU law will force its modification, especially with respect to protection of whistleblowers. The EU legislator has provided for extensive sanctions for non-compliance with whistleblower protection. Major amendments are also planned to the Act on Liability of Collective Entities for Criminal Offences (aimed at introducing new criminal sanctions and strengthening the liability of collective entities). These changes are revolutionary, so it is worth preparing for them in advance.
BTLA offers legal assistance on compliance, including in particular:
- preparing drafts of an anti-corruption code, compliance policy and documents regulating the protection of whistleblowers.
- Conducting compliance audits.
- Trainings for managers and employees on compliance issues.
- Representation of a collective entity in criminal, civil and administrative proceedings.
- Legal assistance to compliance officers.
- Preparation of legal opinions.
And much more – depending on a company’s needs.