What is a whistleblower system?

A whistleblower system is a reporting channel that enables individuals (“whistleblowers”) to report serious matters, such as irregularities or unlawful activities. Whistleblower systems are operated in accordance with robust procedures that ensure, among other things, confidentiality – both in relation to the identity of the whistleblower and the identity of any persons concerned.

For employers, whistleblower systems can provide a useful tool for identifying and addressing – in a timely manner – issues or circumstances that may be of critical importance to the employer’s activities and reputation.

Who needs a whistleblower system?

Under the Danish Whistleblower Act, all public and private employers with more than 249 employees are required to set up a whistleblower system where employees (and possibly others) can report breaches of EU law and other serious breaches of the law as well as other serious matters.

Similarly, private employers with 50-249 employees must establish a whistleblower system by 17 December 2023.

It may require a considerable amount of time and resources for employers to establish, handle and maintain the required knowledge and relevant expertise to operate and maintain a whistleblower system. Therefore, although whistleblower systems can be handled internally, many employers prefer to have the system handled externally by, for example, a law firm. Having the system handled externally has the additional advantage of underpinning the impartiality of the system.

Norrbom Vinding’s experience

We have many years’ experience in administering whistleblower systems and advising employers on all aspects relevant to whistleblower schemes, including data protection.

We currently administer whistleblower systems covering more than 100,000 employees on behalf of a wide range of clients – private as well as public clients. For more than 20 years, we have organised and conducted a vast number of investigations, and we have assisted clients in numerous matters concerning irregularities and/or unlawful acts.

Consequently, we have the knowledge and experience needed to handle the requirements of whistleblower systems – both in relation to security and technical aspects and in relation to the special requirements that apply when handling reports, including situations where a report gives rise to a need for instigating a full investigation process.

What do we offer?

We offer a complete “package solution”, which means that we handle the establishment as well as the ongoing administration of our clients’ whistleblower systems. Having a whistleblower system administered by us ensures:

• compliance with the requirements of the Whistleblower Act, data protection regulation, etc.
• establishment of a well-tested and user-friendly reporting platform with a high level of IT security
• drafting of the necessary documents, including whistleblower policy and process description
• appropriate onboarding of contact persons at the client and an opportunity to continuously attend relevant webinars etc.
• efficient handling of reports
• access to continuous advice and assistance from Norrbom Vinding’s whistleblower team

Finally, we offer a pricing structure that is both transparent and competitive.

Establishment of system

It is easy to establish a whistleblower system with our setup. The first step is to contact us, and then we will handle the further establishment of the whistleblower portal, which is done in the following way:

In addition to offering our standard setup, we are of course also happy to assist in making special adjustments if there is a need for a tailor-made whistleblower system. Specifically, we offer the following options as part of our systems:

• adjustment in relation to who can submit reports in the system
• adjustment of reporting platform
• adjustment of whistleblower policy
• modtagelse af anonyme indberetninger
• two-way communication with whistleblowers, including anonymous communication
• reporting platform in multiple languages

How is the system administered?

Reports will be processed in accordance with the process description, generally covering the following three phases:

Throughout the process, Norrbom Vinding ensures that the statutory deadlines are met, including the 7-day deadline for acknowledging receipt of the report and the deadline for providing feedback of 3 months from the date of acknowledgement of receipt of the report.

• ScreeningNorrbom Vinding screens the report and assesses whether or not the report falls within the scope of the whistleblower system in question. The relevant entity or contact persons at the client will be notified in this regard
• Follow-up: if it is assessed that the report falls within the scope of the whistleblower system, the contact persons at the client will decide and take the potential follow-up steps necessary in relation to the report
• Feedbackthe contact persons at the client prepare feedback to the whistleblower, and then Norrbom Vinding will upload the feedback within the statutory deadline of 3 months from the date of acknowledgement of receipt of the report

To the extent that there is a need for advice or assistance in connection with the follow-up steps arising from the report, it is possible at any time to request advice and assistance from Norrbom Vinding’s whistleblower team.

Norrbom Vinding’s whistleblower team

If you would like to know more about Norrbom Vinding’s whistleblower systems or have any other questions, please contact one of the members of our whistleblower team:

Partner Elsebeth Aaes-Jørgensen, Partner Søren SkjerbekSenior Associate Ditte Damsgaard, Associate Sophia Lykke Möglich, Associate Elisabeth Krusegård Nielsen, Junior Associate Selma Carøe, Junior Associate Karoline Stisen and Junior Associate Malene Langermann-Nielsen.