The Act of 28 July 2023, commonly known as Lex Kamilek, requires businesses working with children to check staff against criminal registers and implement child protection standards. Since 15 August 2024, supervisory bodies have imposed penalties for failing to implement these standards. Below are the specific obligations, risks and steps to take.
Who is covered by the new obligations?
If you run a business where children may be present, the rules apply to you. This applies in particular to:
- educational and childcare institutions, including schools, preschools and nurseries,
- sports and recreation organizations,
- entities providing tourism services and accommodation for children,
- transport companies carrying children,
- community centres, clubs, and organizers of camps and trips.
Staff screening: who to check and how
You must check every person allowed to work with children against two registers:
- Register of Sexual Offenders (RSPTS): you check this yourself,
- National Criminal Register (KRK): the candidate provides a certificate confirming no criminal record.
KRK certificate: details
- The candidate pays the fee: PLN 30 for a paper version or PLN 20 for an electronic version.
- The certificate can be obtained at KRK information points, online through the e-KRK system, or by post.
- Include this requirement in recruitment procedures and tell candidates about it at the job-ad stage.
Requirements for foreign nationals
Candidates from abroad must provide criminal-record certificates from both their country of citizenship and their country of residence. If it is impossible to obtain these documents, the rules allow them to submit a declaration under criminal liability.
Not just employment contracts
The screening obligation covers every form of cooperation: an employment contract, a mandate contract, a contract for specific work, and volunteering. If your business relies on volunteers, you must include them in the same procedure.
Child protection standards: what you need to prepare
The Act requires you to prepare and implement internal child protection standards. They must include:
- Rules for safe relationships between children and staff, including a list of prohibited conduct.
- Intervention procedures where violence against a child is suspected.
- Rules for reporting suspected crimes and contacting law enforcement authorities or courts.
- A schedule for reviews and updates, at least every two years.
Two versions of the standards
Prepare the standards in two versions:
- Full version, for staff,
- Simplified version, understandable to children.
The procedures must account for the needs of different groups of children, including children with disabilities. For example, if you run an inclusive school, adapt communication methods for pupils with difficulties.
Penalties for failing to implement the standards
Since 15 August 2024, supervisory bodies have imposed financial penalties:
- First penalty: PLN 250.
- Subsequent violations: at least PLN 1,000.
The amounts may seem low, but the absence of standards carries two additional risks:
- Risk of legal liability: if a child is harmed, the lack of procedures significantly worsens your position.
- Reputational risk: information about a penalty or neglect affects the trust of parents and partners.
Interpretive issues: what to watch for
Exactly who must be screened?
The Act does not clearly specify whether screening must cover, for example, parents dropping children off for activities, couriers entering an institution’s premises, or tourist guides hired for a single engagement. The lack of clear definitions leads to overinterpretation and increased costs.
Certificate fees as a recruitment barrier
In sectors with low pay, such as childcare and animation, the certificate fee paid by the candidate may discourage applicants, particularly young people entering the labour market. For your business, this means difficulties recruiting staff.
Giving up extracurricular activities
Some institutions, including schools, community centres and sports clubs, limit their extracurricular offerings for fear of liability. The lack of clear rules makes risk avoidance the default strategy.
One-off collaborators: a common problem
School trip organizers and cultural institutions engaging actors, musicians or animators for short assignments all face the question of whether a one-off collaboration requires full screening. The rules do not expressly resolve this.
Planned amendment: what may change
Changes to the Act were discussed in response to reported problems. If an amendment is adopted, you may expect:
- Removal of duplicate screening: a person employed in several roles at the same institution would not be screened repeatedly.
- Exemptions for parents and trip caregivers: exemption from the requirement to provide certificates confirming no criminal record.
- Removal of certificate fees for volunteers and interns: reducing the barrier to entering the non-profit sector.
- More precise definitions: clear definitions of “contact with children” and “person responsible for care”.
- Alternative protective measures: for example, the presence of a qualified caregiver as a substitute for meeting formal requirements.
Until changes enter into force, you apply the rules in their current wording.
How to adapt your business: action checklist
- Develop recruitment procedures. Prepare a list of required documents for every person who will have contact with children. Include screening in the RSPTS and the KRK certificate requirement.
- Implement child protection standards. Prepare internal rules and intervention procedures in a full version for staff and a simplified version for children.
- Train staff. Provide training on child safety, reporting and response procedures. Tailor its scope to the nature of your business.
- Consult a lawyer. Check whether your procedures comply with the current wording of the Act, particularly if you hire foreign nationals or engage one-off collaborators.
- Conduct periodic audits. Check compliance at least once a year. Update the standards at least every two years, as required by the Act.
Summary
The Lex Kamilek Act is in force, and penalties for failing to implement child protection standards have been imposed since August 2024. Regardless of the planned amendment, your business must meet the current requirements.
Adapting to the rules is not a formality. It is a way to limit liability risks and build trust among parents and partners. If you want to make sure your business operates in compliance with the law, contact Sawaryn & Partners. We will review your compliance and help implement procedures and prepare documentation.
Frequently asked questions
Does Lex Kamilek also apply to my business if we only have occasional contact with children?
If you run a business where children may be present, the rules apply to you. The Act covers, among others, educational institutions, sports organizations, transport companies carrying children, tourism entities, community centres, and organizers of camps and trips. The rules do not expressly resolve how to treat one-off collaboration or occasional contact. Until the planned amendment, the safer course is to apply the requirements in full.
Exactly whom must I screen before allowing them to work with children?
You must screen every person allowed to work with children, regardless of the form of cooperation: employment contract, mandate contract, contract for specific work, or volunteering. Candidates from abroad must additionally provide criminal-record certificates from their countries of citizenship and residence; if it is impossible to obtain them, they must submit a declaration under criminal liability. The Act does not clearly specify the status of people such as parents dropping children off, couriers or tourist guides hired for a single engagement. This is one of the most common interpretive issues.
What child protection standards must a business implement under Lex Kamilek?
The standards must include rules for safe relationships between children and staff, with a list of prohibited conduct; intervention procedures where violence against a child is suspected; rules for reporting suspected crimes and contacting law enforcement authorities or courts; and a schedule for reviews and updates, at least every two years. Prepare them in two versions: a full version for staff and a simplified version children can understand, taking into account the needs of children with disabilities.
What penalties apply for failing to implement child protection standards after 15 August 2024?
The first financial penalty is PLN 250, and each subsequent violation carries at least PLN 1,000. The amounts may seem low, but the absence of implemented standards significantly worsens your position if a child is harmed, both in terms of legal liability and reputational risk with parents and business partners.
What should I do, step by step, to adapt my business to Lex Kamilek?
Start by preparing recruitment procedures that include screening in the Register of Sexual Offenders and the requirement for a KRK certificate for every person who will have contact with children. Then implement full and simplified child protection standards and train staff in safety and response procedures. Ask a lawyer to review the procedures, particularly if you hire foreign nationals or engage one-off collaborators, and conduct a compliance audit at least once a year, updating the standards at least every two years.
