Polish law permits all citizens to report frauds against the U.S. Government under the False Claims Act, or violations of the provisions of the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act.
What disclosures are currently protected?
Poland does not currently have a comprehensive national whistleblower law. It does, however, have a patchwork of whistleblower laws that allow the reporting of certain types of misconduct internally and to regulators:
Polish law, however, does not include any meaningful provisions to protect a whistleblower’s identity (and provisions that do exist may be overruled if it is in the public’s interest, or breached without consequence). Additionally, there are no reward provisions for successful whistleblowers in Polish law and law enforcement and government agencies in Poland still lack comprehensive whistleblower programs. Therefore, whistleblowers may be better off reporting to U.S. regulators, at least until the transposition of the Whistleblower Directive is complete.
Can Polish whistleblowers receive rewards?
There is no law in Poland providing whistleblowers rewards, however, they may receive rewards through U.S. laws.
Recent updates or future legislative developments
Poland is required to implement the provisions of the Directive into its national law. However, it has not yet announced that it has begun this process.
Can/should Polish whistleblowers report to U.S. officials?
No law in Poland currently prohibits Polish citizens from reporting frauds against the U.S. government under the False Claims Act, or violations of provisions of other statutes including the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act. Therefore, Polish whistleblowers can and should report relevant violations to U.S. officials under these laws.