Report a violation

What should a formal notification contain?

• identification of the entity accused of unfairly exploiting its contractual advantage (including name and address)
• a description of the facts underlying the notification (a detailed description of the practice, including the entities and products concerned)
• substantiation of a violation of the law (presentation of information indicating that a violation of the law may have occurred)
• scope of information not subject to disclosure during proceedings
• details identifying the person making the report (first name and surname or name and address)

The notification must be accompanied by any documents that may constitute evidence of a violation of the law.

The details of the person making the notification and the content of the notification are not subject to disclosure, unless the notifying party expressly agrees to this. The decision issued in the case will indicate the entities against which the prohibited practices were used. These may also include the notifying entity. However, crucially, its identity will then be disclosed as the identity of the aggrieved entrepreneur, not the notifying entity.

The protection of the whistleblower's identity also applies to reports of violations sent by e-mail or via the online form.

What will we do with the information we receive?

In the event of a formal notification, the Office of Competition and Consumer Protection (UOKiK) informs the notifying party about how the notification will be handled, but the notifying party is not kept informed about the progress of any proceedings.

The fact that a report has been filed does not mean that proceedings will be initiated. Nor does the report oblige the UOKiK to take formal action.

Proceedings concerning practices that unfairly exploit contractual advantage cannot be initiated if two years have elapsed since the end of the year in which such practices ceased.