What is the difference between the external and internal channel in the draft bill on whistleblowers?

In today's dynamically changing world, where transparency of the activities of companies and public institutions is becoming one of the key requirements, the role of whistleblowers is particularly important. Whistleblowers, i.e. people who report irregularities within the organization or institution in which they work, are on the front line of the fight for honesty and compliance with the law. Poland, following European solutions, has introduced a draft act on the protection of whistleblowers, which aims to provide protection to people who disclose violations. A key element of this act is the distinction between internal and external reporting channels. Although both channels have the same goal - to disclose and address violations of the law - they differ in many important respects, from the entities responsible for receiving reports, through the process of their verification, to the level of protection they offer to the whistleblower.
We will take a closer look at the differences between these two reporting routes. This analysis will not only help understand the mechanisms of both channels, but will also make it easier for whistleblowers to choose the right reporting route, which is crucial for their safety and effective pursuit of justice.
Aspect | Internal Channel | External Channel |
---|---|---|
Definition | An internal report is a report made within the legal entity where the violation occurred. |
An external report is a report made to an external body, such as the Ombudsman or another public body. If you would like to learn more about how the external whistleblower channel works, please visit our website. |
Receiving entity | Legal entity, e.g. company or organization where the violation occurred. | Commissioner for Human Rights or relevant public authority (e.g. CBA). |
Procedure | Determined by the legal entity, may include consultations with employees or the company trade union. | Determined by the Ombudsman or a public body, in accordance with their internal procedures. |
Anonymity | Possibility of reporting anonymously, but depends on the internal regulations of the legal entity. | Reports can be anonymous, with appropriate procedures to protect the identity of the whistleblower. |
Reply | Receipt of notification and feedback within a specified time are required. | Receipt of notification and forwarding of notification to the appropriate authority are required. |
Availability of information | The internal reporting procedure must be understandable and easily accessible to employees. | Information on the external reporting procedure and whistleblower protection must be publicly available. |
Consultation and involvement | Consultation may be carried out with employees or their representatives when creating the procedure. | An external procedure is established by a public body without direct involvement of the legal entity. |
Information obligation | A legal entity must inform employees about the internal reporting procedure. | The Commissioner for Human Rights or a public authority shall provide access to information on the rights and protection of whistleblowers. |
Methods of reporting | Reports may be made verbally or in writing, including by telephone or email, and may also be submitted through official online platforms or applications. | |
Whistleblower protection | Protection is limited to the framework of the legal entity and depends on its internal regulations. | Protection is provided at the statutory level and includes broader protective measures. |
Acknowledgement and feedback | The legal entity must acknowledge receipt of the report and provide feedback within a specified period. | The Ombudsman or public authority acknowledges receipt of the report and informs the whistleblower that the report has been forwarded to the appropriate authority. |
Legal consequences for the entity | A legal entity may face legal consequences if it does not comply with statutory requirements regarding internal procedures. | A public authority is responsible for ensuring that whistleblowers' rights and the law are respected. |
Incentives and obligations | The legal entity may establish incentives to use the internal channel. | The public authority shall provide publicly available information and support for whistleblowers, including legal advice. |