The legislation regarding Whistleblowing* and the obligation to perform investigations when there is a work incident may look simple at a first glance. But how should the system be set up, who may have access to a complaint, and how do you perform an investigation?
We have set up practical Nordic overview on how to fulfil the legal requirements and how to run an investigation that enables you to follow up with the appropriate legal action.
Rules are similar, but not the same
The Directive safeguards minimum protection across the EU to individuals who raise breaches of EU law with their employer
Requirement to provide safe channels for reporting
Protection against retaliation for filing a report
Setting up a whistleblowing system
The implementation of a whistleblowing system
Sweden
Finland
Denmark
No formal requirement regarding the form of the whistleblowing channel
Individuals should be given opportunity to file a report verbally, in writing or in a meeting
Individuals must be given information on how the system operates
Individuals managing the reports must be independent
Information collected during investigation should only be shared on a "need to know"-basis
Ensure that security measures are in place (e.g. limited sharing of physical copies and access control)
No formal requirement regarding the form of the whistleblowing channel
Unclear if organizations can choose to accept reports only in either written or verbal form (or both). If verbal reports are accepted, a meeting must be arranged if requested
Individuals must be given information on how the system operates
Individuals managing the reports must be independent
Information collected during investigation should only be shared on a "need to know"-basis
Ensure that security measures are in place (e.g. limited sharing of physical copies and access control)
No formal requirement regarding the form of the whistleblowing channel
Individuals should be given opportunity to file a report in writing or verbally. If verbally, a meeting should be arranged within reasonable time
Individuals must be given information on how the system operates
Individuals managing the reports must be independent
Information collected during investigation should only be shared on a "need to know"-basis
Ensure that security measures are in place (e.g. limited sharing of physical copies and access control)
A "what to do" guide
What to do before a report is filed
Sweden
Finland
Denmark
Implement whistleblowing routines and guidelines that are in writing, easy to understand and clear
Ensure that you have a system in place and that everyone knows how and when to report
Ensure that the receiver of a report is not someone employees are/can be afraid of (for fear of retaliation)
If possible, make sure that employees are able to file a report anonymously
Implement whistleblowing routines and guidelines that are in writing, easy to understand and clear
Ensure that you have a system in place and that everyone knows how and when to report
Decide if also other persons than your employees can file report to your internal channel
Ensure that the receiver of a report is not someone parties allowed to file reports are/can be afraid of (for fear of retaliation)
Decide whether or not anonymous reports are allowed
Implement whistleblowing routines and guidelines that are in writing, easy to understand and clear (DWBA § 13)
Ensure that you have a system in place and that everyone knows how and when to report
Ensure that the receiver of a report is not someone employees are/can be afraid of (for fear of retaliation)
Decide whether or nor anonymous reporting should be allowed
What to do when a report is received
Sweden
Finland
Denmark
Within 7 days of receipt: send a confirmation message to the individual filing the report
Interview the individual who has filed the report
If possible, interview witnesses as well
During meetings, try to collect as tangible (fact based) information as possible
Draft minutes of meeting and let interviewee review and confirm their statement
Be discrete and don't share information with other witnesses
Within 7 days of receipt: send a confirmation message to the individual filing the report
Interview the individual who has filed the report
If possible, interview witnesses as well
During meetings, try to collect as tangible (fact based) information as possible
Draft minutes of meeting and let interviewee review and confirm their statement
Be discrete and don't share information with other witnesses
Within 7 days of receipt: send a confirmation message to the individual filing the report
Interview the individual who has filed the report
If possible, interview witnesses as well
During meetings, try to collect as tangible (fact based) information as possible
Draft minutes of meeting and let interviewee review and confirm their statement
Be discrete and don't share information with other witnesses
What to do when a report is finalised
Sweden
Finland
Denmark
Take appropriate measures (legal advise may be needed) without delay
Inform the individual filing a report of the measures taken as a result of the investigation no later than three months after sending the confirmation message
Follow-up on measures to safeguard they have been sufficient
Take appropriate measures (legal advise may be needed) without delay
Inform the individual filing a report of the measures taken as a result of the investigation no later than 3 months after sending the confirmation message
Follow-up on measures to safeguard they have been sufficient
Take appropriate measures (legal advise may be needed) without delay
Inform the individual filing a report of the measures taken as a result of the investigation no later than 3 months after sending the confirmation message
Follow-up on measures to safeguard they have been sufficient
Interested to know more? Please reach out to our Nordic whistleblowing contacts:
