How do we comply with whistleblower laws?
Whistleblower Act, what rules do we have to follow?
The purpose of the Whistleblower Act, which came into force in December 2021 and is derived from the EU Whistleblower Directive, is to protect people in a work-related context who report misconduct that there is a public interest in reaching the public. Reporting can be done through internal, external or public reporting.
The protection is that whistleblowers should not be prevented or punished for reporting wrongdoing. There is no great practical reason to think so much about what is in the public interest and what is not. Partly because it has been shown that the European Court of Justice will give broad and favourable interpretations of this concept as late as 2023, but also because it is in an employer's interest to have employees etc. come to them and report wrongdoing. The case concerned two employees of a large accounting firm who published how the firm helped its clients evade taxation.
In cases where it may be of interest to look at the concept of "public interest" is when there is suspicion that the employee intentionally wants to harm the employer and what has been reported is not of public interest.
Employer's obligations in brief
Companies with 50 or more employees are required to establish internal reporting channels, methods for reporting and follow-up, i.e. a policy. Furthermore, the employer must appoint persons, units or an external actor who will be authorized to handle, investigate and communicate with the whistleblower.
Establish a whistleblower policy
The employer must have written procedures and descriptions of its reporting channels and procedures. This is commonly referred to as a whistleblower policy. The policy should state how the channels are used, how communication with the whistleblower is managed and how the investigation is to be carried out.
How and who should be able to report?
Everyone who performs work tasks in the company in any form must be able to report. The law states that these consist of employees, volunteers, interns, people who otherwise perform work under the control and direction of an operator, self-employed people, people who are part of a company's administrative, management or supervisory body, if the operator is a company, and shareholders who are active in the company, if the operator is a limited liability company. So it's a wide circle.
- The reporting channel, procedures and follow-up should be designed so that it is possible to report in writing, orally and via a physical meeting.
- The whistleblower should receive confirmation that the report has been received within seven days. However, the reporting person can waive this right or if you, as an employer, suspect that the person would reveal their identity.
- During the investigation, the whistleblower shall receive feedback on any measures taken and the reasons for these measures.
- The employer is also obliged to inform the whistleblower if his or her identity may be revealed in the event that the employer is forced to disclose the information about the report.
The employer must provide information in an easily accessible manner on how to report. How reporting can be done to external parties. Information on the freedom to report, the freedom to procure and, in operations where there is a ban on investigation and a ban on retaliation, information on the right to freedom of expression.
Who should manage the whistleblower channel?
The employer shall appoint independent and autonomous persons or entities who shall be authorized to:
- Receive reports and maintain contact with the whistleblower
- Investigate the reports
- Feedback about the investigation to the whistleblower
The persons appointed by the employer may be employees or may also be a consultant or subcontractor whose task is to deliver a whistleblower service.
How we can help you
The employer's lawyer has designed its own web application for whistleblowing called Wisling. This service is included in our security agreement.
Good luck, and don't forget to get in touch if you have any questions.
Kind regards,
Christoffer Lewinowitz
Employer lawyer
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