International Whistleblower Day: Two Years Since the EU Directive and Poland’s New Legal Framework

Observed annually on June 23, International Whistleblower Day honors those who expose public interest violations, as Poland formalizes its own protections through the Whistleblower Protection Act of June 14, 2024.

From American Concept to Global Standard

The term “whistleblower” gained widespread recognition in the 1970s, popularized by American activist Ralph Nader. He utilized the metaphor of a sports referee blowing a whistle to signal a foul, successfully shifting the narrative away from the pejorative connotations of “snitching” and anchoring it in ethics and the defense of the public interest.

In Europe, the importance of whistleblowers grew at the turn of the millennium, driven by global financial and corruption scandals that exposed the lack of systemic support for those reporting abuse. This eventually culminated in the 2019 EU Directive, which mandated that all member states establish cohesive protection systems.

Poland’s Whistleblower Protection Act

Poland implemented the EU requirements through the Act of June 14, 2024. This legislation provides a legal foundation for transparency and accountability, offering protection to employees, civil contractors, volunteers, and even individuals in the recruitment process or former staff members.

The law establishes clear definitions for whistleblowers and the types of violations they may report. It formalizes three reporting channels: internal reporting to the organization, external reporting to public authorities or the Ombudsman, and public disclosure.

Prohibition of Retaliation and Systemic Safeguards

A core pillar of the new law is the absolute prohibition of retaliation against whistleblowers. Retaliatory actions are defined broadly, and in the event of a dispute, the burden of proof shifts to the employer to demonstrate that their actions were not linked to the report.

The Commissioner for Human Rights (RPO) serves as a guardian of this system, providing advisory support, educational resources, and legal assistance to whistleblowers, as well as those supporting them or associated with them. The RPO is responsible for receiving external reports and verifying them to ensure the integrity of the process.