The new law on whistleblowing is here – where do we go from now?

Just when it was at its busiest around Christmas, the new law on whistleblowing came into force. The purpose of the law is to strengthen the protection of the whistleblower. The individual is to be given more clarity in the procedures of both internal and external whistleblowing, as well as more confidence in that their identity is kept under strict secrecy during the whistleblowing. The new law strengthens the protection in several ways. 

Requirements for whistleblower systems 

The new law, the Law on the Protection of Persons Reporting Malpractice, is based on an EU directive. The law places higher requirements on employers, not least because a whistleblower function needs to be implemented. This applies to all employers with 50 or more employees. 

Further, all reported matters must be handled by specially appointed persons, either internally or externally, who are independent and autonomous in the work with whistleblower matters. There are clear requirements for the process, for example regarding deadlines for feedback and thinning of cases. The whistleblower must be protected from reprisals such as dismissal, threats and impaired benefits. 

Do not wait with the implementation 

• On the 17th of July 2022, all public employers with 50 - 249 employees as well as all (both private and public) employers with at least 250 employees are required to have a whistleblower function in place.
• On the 17th of December 2023, all private employers with 50 - 249 employees are also obliged to have a whistleblower function in place.

Do not wait until the last minute to implement the function, as there are some questions that need to be answered within the organization. What are our needs for a whistleblower function? Do we need a digital solution or are our existing communication channels enough? Who or what should receive whistleblower reports? Do we have any people in our organization who are suitable to, in an independent and objective way, receive and handle whistleblower reports? 

Complete digital solution 

Through the Whistleblower Portal, your organization can create and publish secure channels specifically designed for reporting malpractice, both internally and externally. The information about malpractice is reported via a form tool which is then stored and handled in your case management system under strong confidentiality. These matters are then handled only by persons who have specific access to the information.