GDPR questions and answers

GDPR: QUESTIONS AND ANSWERS

Category:
Incidents and Fines

What are the channels for reporting breaches under the (draft) Act on the protection of persons reporting breaches of law? Is providing a single channel, e.g. electronically, sufficient?

ANSWER

The assumptions to the implementing act contain no information on this subject, but under Article 9(2) of the Directive: "The channels provided for in paragraph 1 point (a) must enable reports to be made in writing or orally. An oral report may be made by telephone or through other voice messaging systems and, at the request of the person making the report, by means of a direct meeting organised within a reasonable time." The provision relates to internal channels, but external channels (reports made to the relevant authorities) are also subject to this requirement in the Directive. This means that it will have to be introduced into the Polish act implementing the Directive.

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