EN
HR Legal Corporate Technology

New Act on the protection of whistleblowers

logo
Legal news
calendar 28 June 2021
globus Denmark

The Danish government has just passed the new Act on the protection of whistleblowers. The new Act implements the EU whistleblower directive and, among other things, introduces requirements for companies with 50 employees or more to establish a whistleblower scheme. The Act was changed several times as part of the legislative process. For example, the passed Act now introduces – with reservations - the possibility for larger group companies to establish joint whistleblower schemes.

Pursuant to the new Act, companies with 50 employees or more must establish a whistleblower scheme. Companies with more than 249 employees must establish a whistleblower scheme before the new Act enters into force, on 17 December 2021. Companies with 50 to 249 employees have a longer deadline and must establish whistleblower schemes by 17 December 2023.

The Act allows companies with 50 to 249 employees to establish a joint whistleblower scheme. Originally, it was therefore not possible for larger group companies to establish joint schemes. Subject to reservations, this has now been changed with the final Act.

As something new, the Act thereby introduces the possibility for group companies with more than 249 employees to establish a joint scheme across its affiliates. This means that a parent or group company can receive reports and handle the investigations as well as have contact with the whistleblower. There is however a risk that this can be changed back, so that it will no longer be possible for group companies to establish the more flexible joint schemes. This depends on dialogue and clarification with the European Commission.

We have previously described the draft bill here.

[Act on the protection of whistleblowers of 24 June 2021]

Pursuant to the new Act, companies with 50 employees or more must establish a whistleblower scheme. Companies with more than 249 employees must establish a whistleblower scheme before the new Act enters into force, on 17 December 2021. Companies with 50 to 249 employees have a longer deadline and must establish whistleblower schemes by 17 December 2023.

The Act allows companies with 50 to 249 employees to establish a joint whistleblower scheme. Originally, it was therefore not possible for larger group companies to establish joint schemes. Subject to reservations, this has now been changed with the final Act.

As something new, the Act thereby introduces the possibility for group companies with more than 249 employees to establish a joint scheme across its affiliates. This means that a parent or group company can receive reports and handle the investigations as well as have contact with the whistleblower. There is however a risk that this can be changed back, so that it will no longer be possible for group companies to establish the more flexible joint schemes. This depends on dialogue and clarification with the European Commission.

We have previously described the draft bill here.

[Act on the protection of whistleblowers of 24 June 2021]

Receive our newsletter

Anders

Etgen Reitz

Partner

Søren

Hessellund Klausen

Partner

Kirsten

Astrup

Senior associate

Cecillie

Groth Henriksen

Associate

Similar

logo
HR Legal

29 January 2023

New rules on the use of temporary agency workers

logo
HR Legal

29 January 2023

Delivering bad news to the deliveryman

logo
HR Legal

29 January 2023

Tales of the sea did not hold water

logo
Technology

26 January 2023

DPO across the Nordics

logo
HR Legal

22 January 2023

Requirement to show corona passports did not cross the border

logo
HR Legal

11 January 2023

The new employment law reform revisited

The team

Aage

Krogh

Partner

Akina

Ørum Masaki

Legal advisor

Alexandra

Jensen

Legal advisor

Amalie

Starup Poulsen

Legal advisor

Anders

Etgen Reitz

Partner

Cecillie

Groth Henriksen

Associate

Cornelius

Tobias Møller Nielsen

Junior legal assistant

Emma

Sandner

Junior legal assistant

Johan

Gustav Dein

Associate

Julie

Meyer

Legal assistant

Kirsten

Astrup

Senior associate

Madeleine

Grønning Madsen

Junior legal assistant

Matilde

Grønlund Jakobsen

Associate

Petra

Enmalm

Head of HR Legal, Sweden

Sofie

Aurora Braut Bache

Senior associate

Søren

Hessellund Klausen

Partner