Check in 2 minutes if you fall under the whistleblower law

Does your company need to comply with the new whistleblower protection regulations? It will only take you 2 minutes to check! In this article, we’ll explain step-by-step how to quickly assess whether you fall under these regulations. Whistleblower regulations are becoming crucial for companies in Poland. Not sure if your company is covered by these regulations? Answer a few simple questions and find out!

1. Do you employ more than 50 people?

If your company has more than 50 employees, you are covered by whistleblower regulations. Important: this number includes people on employment contracts, B2B contracts, commissions, work contracts, and even apprentices.

✔️ Yes – you are subject to whistleblower regulations.

❌ No – move on to the next question.

Why is this important?

The new regulations require companies with more than 50 employees to put in place special procedures for whistleblowers. This means creating secure reporting channels and procedures to protect whistleblowers.

2. Do you operate in industries regulated by EU law?

Even if you have fewer than 50 employees, you may be subject to whistleblower laws. Ask yourself: do I provide financial services, banking, insurance, or operate in areas related to environmental protection, transportation safety, or anti-money laundering? 

These include:

• Entities providing loans (including consumer loans, real estate loans, factoring or forfeiting),
• Entities providing banking services,
• Parabanks,
• Entities providing leasing services,
• Insurance intermediaries and insurance companies,
• Entities providing financial services, trading in securities, money market instruments,
• Investment funds,
• Companies engaged in providing audit services,
• Entities providing advice to business enterprises on capital structure, industrial strategy and related issues, as well as advice and services on mergers and acquisitions of business enterprises.

Do you see yourself on this list?

✔️ YES – you are subject to whistleblower regulations.

❌ NO – move on to the next question.

3. Are you covered by the anti-money laundering law?

The whistleblower regulations also cover entities that are subject to the AML/CFT law. If you operate in industries such as accounting firms, financial institutions, cryptocurrency exchanges, tax consulting, art galleries, gambling, pawn shops, check whether your company needs to implement whistleblower protection systems.

Thus, whistleblowers fall under the whistleblower regulation:

• National payment institutions, small payment institutions and payment service bureaus,
• Entities accepting payments in cash with a value equal to or greater than €10,000,
• Entrepreneurs performing exchange activities,
• Cryptocurrency exchange offices,
• Notaries, attorneys, legal advisors,
• Virtual offices,
• Entrepreneurs conducting gambling business,
• Loan institutions,
• Pawnshops,
• Investment funds, alternative investment companies, investment fund companies,
• Banks and financial institutions,
• Insurance intermediaries,
• Entities providing tax advice and services, including accounting firms,
• Art galleries and auction houses,
• Real estate intermediaries with the exception of intermediation in the conclusion of a contract for the lease or rental of real estate or parts thereof, where the monthly rent is set at an amount less than or equal to €10,000.

Do you see yourself on this list?

✔️ Yes – you are subject to whistleblower regulations.

❌ No – move on.

What if your company is subject to regulation?

If you answered “yes” to any of the questions, your company needs to put in place procedures to protect whistleblowers. This means, among other things, establishing a secure whistleblowing channel, ensuring the confidentiality of whistleblower data and maintaining a whistleblower registry.

What are the next steps?

1. Implement secure reporting channels.
2. Develop internal breach reporting procedures.
3. Ensure confidentiality and security of whistleblowers.

Summary

If your company meets the criteria, be sure to implement the required procedures. These regulations not only protect whistleblowers, but also help build a culture of transparency and trust within the company. Not sure where to start? Contact a lawyer or compliance specialist to avoid problems and comply with the current regulations.

Karolina Krawczyk Of Counsel

karolina.krawczyk@theheart.legal