Deadline to establish whistleblower schemes for medium-sized companies approaching
Larger companies with more than 249 employees have already established a whistleblower scheme under the new rules. Companies with 50 to 249 employees have an extended deadline until 17 December 2023, which is now rapidly approaching. Therefore, medium-sized companies should now prepare to establish whistleblower schemes under the new rules.
The rules on the protection of whistleblowers implement the EU directive and introduce requirements to establish whistleblower schemes. The rules already apply to larger companies but will also apply to medium-sized companies as of 17 December 2023.
Denmark and Sweden have implemented the rules, while Norway already has extensive rules on whistleblowing. We have previously written about rules on whistleblowing in Denmark, Sweden, and Norway here, here, and here.
Whistleblower scheme by design
When establishing a whistleblower scheme, there are many different requirements and ways to comply with the rules. For that reason, many companies can benefit from considering where to streamline the process to establish a joint scheme across different legislations.
In Denmark, Sweden, and Norway, the requirements differ on some points and are harmonized on others, allowing companies to establish a tailored scheme across the Nordics:
The rules on the protection of whistleblowers implement the EU directive and introduce requirements to establish whistleblower schemes. The rules already apply to larger companies but will also apply to medium-sized companies as of 17 December 2023.
Denmark and Sweden have implemented the rules, while Norway already has extensive rules on whistleblowing. We have previously written about rules on whistleblowing in Denmark, Sweden, and Norway here, here, and here.
Whistleblower scheme by design
When establishing a whistleblower scheme, there are many different requirements and ways to comply with the rules. For that reason, many companies can benefit from considering where to streamline the process to establish a joint scheme across different legislations.
In Denmark, Sweden, and Norway, the requirements differ on some points and are harmonized on others, allowing companies to establish a tailored scheme across the Nordics:
| Denmark | Sweden | Norway | |
|---|---|---|---|
| Access to an internal trans-national joint scheme |
|
|
|
| Access to an external trans-national joint scheme |
|
|
|
| Access to oral reporting | Optional |
Mandatory |
Optional |
| Access a meeting in-person | Only if access |
Mandatory |
Optional |
| Local language requirement | Recommended |
|
Recommended |
| Access to report on certain additional matters | Yes, serious breaches of law and other serious matters |
Yes, misconduct of public interest, serious breaches of law, and other serious matters |
Yes, breaches of law and breaches of the company’s written ethical guidelines or public ethical norms |
| Access to outsource scheme internally |
|
|
|
IUNO’s opinion
Companies can already begin preparing to have an internal whistleblower scheme ready to air on 17 December 2023. Early preparations are essential for multinational companies aiming to establish a joint whistleblower scheme in two or more countries, as the requirements vary in some form in each member state. The reason is that companies will have to establish a detailed overview to establish a compliant scheme.
IUNO recommends that companies have clear action plans to implement the rules and consider how a whistleblower scheme is established best by the deadline. Considerations can, for example, relate to internal versus external solutions, scope, deadlines, responsible units, and information obligations.
Read more about how IUNO can help here.
IUNO’s opinion
Companies can already begin preparing to have an internal whistleblower scheme ready to air on 17 December 2023. Early preparations are essential for multinational companies aiming to establish a joint whistleblower scheme in two or more countries, as the requirements vary in some form in each member state. The reason is that companies will have to establish a detailed overview to establish a compliant scheme.
IUNO recommends that companies have clear action plans to implement the rules and consider how a whistleblower scheme is established best by the deadline. Considerations can, for example, relate to internal versus external solutions, scope, deadlines, responsible units, and information obligations.
Read more about how IUNO can help here.
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