The New Danish Whistleblower Protection Act

• Published date: 05 January 2022
• Law Firm: Poul Schmith
• Author: Mr Jonas Blegvad Jensen and Andreas Kirkegaard Dam

The scope of the Whistleblower Protection Act

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 requirements of the internal whistleblower system

The internal whistleblower system must comply with several requirements and procedures including that the system must ensure that whistleblowers...