The EU Directive 2019/1937 on the protection of persons who report breaches of Union law (the Whistleblower Directive) introduces significant new obligations for companies. Its implementation into Polish law requires businesses to establish internal reporting channels and protect whistleblowers from retaliation.
Who is covered?
The Directive applies to all organizations with 50 or more employees (with phased implementation). It protects a wide range of persons: employees, contractors, shareholders, volunteers, job applicants, and even former employees.
Key obligations for employers:
- Establish internal reporting channels that ensure confidentiality.
- Appoint a person or department responsible for handling reports.
- Respond to reports within defined timeframes (7 days for acknowledgment, 3 months for feedback).
- Protect whistleblowers from any form of retaliation.
- Maintain records of all reports.
The cultural challenge
The biggest challenge in implementing the Directive in Poland is not legal but cultural. The concept of whistleblowing carries negative connotations in Polish culture, often associated with “informing” or “betrayal.” Building a culture where reporting violations is seen as a positive contribution to the organization requires a fundamental shift in mindset.
My recommendation: approach implementation as an opportunity to strengthen organizational culture and ethics, not merely as a compliance exercise. Companies that genuinely embrace whistleblower protection will benefit from earlier detection of problems and stronger employee engagement.
Paweł Osiński
Attorney, expert in compliance and business ethics