Who are whistleblowers? Their rights, how to report violations, and whistleblower protection.

A whistleblower plays a crucial role in ensuring legal and ethical compliance within organizations. They make it possible to detect and report irregularities that may violate legal regulations or ethical standards. Whistleblower protection is essential for effective reporting of any discrepancies, as it provides safety and anonymity. In this article, we will discuss who whistleblowers are, their rights and obligations, and why their protection is so important for both organizations and society. Enjoy the read!

Who is a whistleblower?

A whistleblower is someone who reports irregularities in the workplace or an organization. A whistleblower can be an employee, contractor, or someone working under a civil law contract who has observed legal violations. Acting in good faith, the whistleblower reports violations that may include cases of corruption, security breaches, financial abuse, or other illegal activities. We will describe all reportable discrepancies later in the article. Examples of a whistleblower include an employee exposing cases of corruption in a company, someone reporting safety violations, or an accountant informing about financial abuse. A whistleblower plays a vital role in maintaining legal and ethical standards, which is crucial for the healthy functioning of any organization. Whistleblower reports enable quick detection and elimination of irregularities, contributing to improved organizational culture and increased public trust.

Whistleblower Protection Act – Key Information

Whistleblowers have the right to protection from retaliatory actions by employers or colleagues. In April of this year, the Council of Ministers adopted a draft law concerning whistleblower protection. According to the draft, a whistleblower who becomes a victim of retaliatory actions will have the right to seek redress or compensation. The identity of the whistleblower will be kept confidential. The law does not impose an obligation to make reports; the decision to report will be left to the whistleblowers, but those who choose to report irregularities will be protected.

Whistleblowers differ from “complainants” in that they act in the public interest. A whistleblower reports irregularities to protect the common good, rather than for personal gain or the interests of close family. To gain whistleblower status, the reporting person must be convinced of the truth of the information provided. Regulations specify the detailed forms and channels for reporting unwanted activities by whistleblowers, ensuring complete confidentiality and a total ban on retaliatory actions against those who disclose abuses.

Employers and individuals reporting legal violations

Regulations concerning whistleblower protection impose several significant obligations on employers:

1. Implementing appropriate internal procedures that outline the rules, forms, and channels for reporting irregularities.
2. Implementing measures aimed at protecting whistleblowers.
3. Applying solutions to prevent potential negative consequences related to reporting actions.
4. Maintaining a register of reports and managing this data.
5. Providing conditions to ensure effective implementation and functioning of regulations within the organization.

In June 2024, the Senate completely removed protection for individuals reporting labor law violations from the whistleblower law.

Who do whistleblower regulations apply to?

The scope of individuals covered by the law is broad. A whistleblower may include: an employee (including temporary employees), someone working under a civil law contract, an entrepreneur, a shareholder or partner, as well as an intern or trainee.

Additionally, those under supervision and direction of a contractor, subcontractor, or supplier, including those under a civil law contract, as well as volunteers, soldiers, and former officers of services such as the Police, ABW, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, CBA, Border Guard, Marshal's Guard, State Protection Service, State Fire Service, Customs and Tax Service, and Prison Service, also have the ability to report violations.

Protection applies both before establishing an employment or other legal relationship for providing work, services, or performing functions in a given entity, and after its termination.

What information can be reported by whistleblowers?

A whistleblower has the right to report violations related to EU law and national regulations. The directive on whistleblower protection identifies three main categories of EU regulation violations requiring special protection. These irregularities include, among others, violations in areas covered by EU legal acts such as: human and citizen rights violations, corruption, human trafficking, labor law, public procurement, product safety and compliance with standards, transport safety, environmental protection, radiological protection and nuclear safety, food and feed safety, animal health and welfare, public health, consumer protection, privacy and personal data protection, and information system security.

Other reportable information includes any violations affecting the financial interests of the EU, as well as violations related to the EU internal market, including public procurement, services, products, and financial markets. This also covers competition rules, state aid, and corporate taxation.

In summary, whistleblower protection is essential for ensuring legal and ethical compliance within organizations, contributing to the detection and elimination of irregularities. The Whistleblower Protection Act, along with EU regulations, guarantees safety and anonymity for whistleblowers, which encourages reporting violations. Employers must implement appropriate procedures and protection measures to support whistleblowers in their actions. This way, both organizations and society can benefit from increased transparency and compliance with regulations.

‍