On 24 June 2021, Denmark passed a Whistleblower Protection Act in accordance with the requirements set out in the EU Whistleblowing Directive (2019/1937) of 23 October 2019.
The new Danish Act stipulates that all employers, both private and public, with at least 50 employees must set up an internal whistleblower system through which employees can raise concerns.
The internal whistleblower system must be available to all employees in the company. It is optional for the employer to make the whistleblower system available to other persons than employees, e.g. self-employed consultants working for the company.
The internal whistleblower system must comply with several requirements and procedures including that the system must ensure that whistleblowers can raise concerns either orally or in writing. In addition, the system must be set up to ensure confidentiality as to the identity of the whistleblower, and all employers must document the implementation of and the procedures for the whistleblower system in writing.
The employer must establish an internal "whistleblower unit" by appointing an impartial person or department within the company or by using an externally independent third party. This unit must receive and follow up on concerns and be in contact with the whistleblowers. In addition, the unit must ensure (i) that the whistleblowers receive confirmation of receipt of...
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