Authored by Attorney-at-law Mikkel Kleis
The scheme is intended to reassure employees that they can safely report any wrongdoings at the company in which they are employed, for instance wrongdoings involving information on criminal issues, including violation of any duties of confidentiality, abuse of financial resources, theft, deceit, embezzlement, fraud and bribery. If a company fails to set up a whistleblower scheme, it may be punished by a fine.
For instance, it is a requirement under the Act that an impartial person or department is appointed to manage the scheme. An employee of the company may be appointed, or the task may be outsourced to an external provider, for instance a law firm. In addition, the Act stipulates that the establishment of and procedures for the whistleblower scheme, including a whistleblower policy, must be documented in writing.
What is the deadline for setting up a whistleblower scheme?
Public-sector employers and private-sector employers with more than 249 employees have until 17 December 2021 (the date of commencement of the Act) to set up their schemes. Private-sector employers with 50–249 employees must have set up a whistleblower scheme by 17 December 2023.
Patrade is ready and able to help you manage your whistleblower scheme
Our attorneys have the expertise to assist companies setting up and operating whistleblower schemes, no matter the size of the company. We are able to provide you with immediate access to a whistleblower system, which is subject to the highest level of security, enabling your employees to report their concerns in the strictest confidence. We also offer our assistance to manage your whistleblower scheme, process concerns reported and prepare a whistleblower policy.