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Wierzbowski Eversheds Sutherland is strategic partner of E-nform for implementation of whistleblowing in the financial sector

  • Poland
  • Press_Releases

05-02-2018

Wierzbowski Eversheds Sutherland has signed an agreement with E-nform Sp. z o.o. under which it has become the company’s exclusive knowledge partner for implementation of whistleblowing systems based on the innovative e-nform application at financial sector entities (such as banks, brokerages and investment firms). The project leader at the law firm is Paweł Dudojc, in cooperation with Adam Nierzwicki.

The e-nform platform enables secure and anonymous dialogue with whistleblowers as well as effective communications between management and staff. The competitive advantages of this tool as compared to other whistleblowing solutions include:
A high degree of anonymity of reports not achieved by most other providers, thanks to encryption of information transmitted between the user and the system, and additional mechanisms encrypting data on the system side
Compliance of personal data processing with legal requirements thanks to features of the application enabling such functions as identification and removal of personal data as well as sensitive data included in reports
Transparency of administration of the entire process of handling reports. 

Paweł Dudojc, senior consultant on the compliance and regulatory risk team, and Adam Nierzwicki, senior associate on the employment law team, were involved in the project. 
***
E-nform Sp. z o.o. is a dynamic IT firm made up of specialists with deep experience designing and building dedicated IT systems, and experts on data analysis, audit, internal control, security systems, and quality management systems. This combination guarantees that the firm’s solutions meet the highest standards for secure and efficient processing of information.
The law firm of Wierzbowski Eversheds Sutherland provides comprehensive legal support in implementation of whistleblowing procedures (in cooperation with E-nform) and bringing existing procedures into compliance with the anticorruption system laid down in the Act on Transparency of Public Life.
On all issues related to whistleblowing we invite you to contact the lawyers indicated below.
 
Whistleblowing and the Act on Transparency of Public Life — what to bear in mind 
Under the Act on Transparency of Public Life, every undertaking in Poland (a large or medium-sized enterprise for purposes of the Business Freedom Act) will be required from 1 March 2018 to apply internal anticorruption procedures. This means undertaking organizational, personnel and technical measures for combating the development of an environment conducive to the commission of corruption offences by persons acting for or on behalf of the enterprise.
Under the act, an undertaking that fails to develop or apply internal anticorruption procedures, or applies sham or ineffective procedures, is exposed to a fine of PLN 10,000–10,000,000. Before such a fine can be imposed, however, an individual acting for or on behalf of the undertaking must be charged with a criminal offence. Assertion of charges by the prosecutor will launch an inspection by the Central Anti-Corruption Bureau, and imposition of a fine will bar the undertaking from seeking the award of public contracts.
Development and implementation of procedures for reporting corrupt propositions to the relevant authorities of the enterprise is one of the necessary elements for showing that the anticorruption procedures implemented by the undertaking are legitimate and that their application ensures the effectiveness of the procedures.

Wierzbowski Eversheds Sutherland has signed an agreement with E-nform Sp. z o.o. under which it has become the company’s exclusive knowledge partner for implementation of whistleblowing systems based on the innovative e-nform application at financial sector entities (such as banks, brokerages and investment firms). The project leader at the law firm is Paweł Dudojc, in cooperation with Adam Nierzwicki.

The e-nform platform enables secure and anonymous dialogue with whistleblowers as well as effective communications between management and staff. The competitive advantages of this tool as compared to other whistleblowing solutions include:

  • A high degree of anonymity of reports not achieved by most other providers, thanks to encryption of information transmitted between the user and the system, and additional mechanisms encrypting data on the system side
  • Compliance of personal data processing with legal requirements thanks to features of the application enabling such functions as identification and removal of personal data as well as sensitive data included in reports
  • Transparency of administration of the entire process of handling reports. 

Paweł Dudojc, senior consultant on the compliance and regulatory risk team, and Adam Nierzwicki, senior associate on the employment law team, were involved in the project. 

E-nform Sp. z o.o. is a dynamic IT firm made up of specialists with deep experience designing and building dedicated IT systems, and experts on data analysis, audit, internal control, security systems, and quality management systems. This combination guarantees that the firm’s solutions meet the highest standards for secure and efficient processing of information.

Wierzbowski Eversheds Sutherland provides comprehensive legal support in implementation of whistleblowing procedures (in cooperation with E-nform) and bringing existing procedures into compliance with the anticorruption system laid down in the Act on Transparency of Public Life.

On all issues related to whistleblowing we invite you to contact the lawyers indicated below.

Whistleblowing and the Act on Transparency of Public Life — what to bear in mind

Under the Act on Transparency of Public Life, every undertaking in Poland (a large or medium-sized enterprise for purposes of the Business Freedom Act) will be required from 1 March 2018 to apply internal anticorruption procedures. This means undertaking organizational, personnel and technical measures for combating the development of an environment conducive to the commission of corruption offences by persons acting for or on behalf of the enterprise.

Under the act, an undertaking that fails to develop or apply internal anticorruption procedures, or applies sham or ineffective procedures, is exposed to a fine of PLN 10,000–10,000,000. Before such a fine can be imposed, however, an individual acting for or on behalf of the undertaking must be charged with a criminal offence. Assertion of charges by the prosecutor will launch an inspection by the Central Anti-Corruption Bureau, and imposition of a fine will bar the undertaking from seeking the award of public contracts.

Development and implementation of procedures for reporting corrupt propositions to the relevant authorities of the enterprise is one of the necessary elements for showing that the anticorruption procedures implemented by the undertaking are legitimate and that their application ensures the effectiveness of the procedures.


Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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