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Plesner's whistleblower scheme

Plesner advises on all legal aspects relating to whistleblower schemes. We assist you with everything from establishing a whistleblower scheme to identifying issues reported under the scheme, potentially in the form of a legal inquiry involving Plesner's various practice areas.

Who are obliged to establish whistleblower schemes?

Today, many employers are obliged to have whistleblower schemes, while others have established schemes for the purpose of compliance. 

Statutory schemes include the schemes under the Danish Financial Business Act (lov om finansiel virksomhed ), the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism (hvidvaskloven), and the Danish Insurance Mediation Act (forsikringsformidlingsloven

The so-called "Whistleblower Directive" was implemented into Danish law by the Danish Act on Protection of Whistleblowers. The Act entered into force on 17 December 2021 with the exception that private undertakings with 50-249 employees did not have to have whistleblower schemes in place until17 December 2023.  

The Act on Protection of Whistleblowers expanded the number of employers obliged to establish whistleblower schemes, and employers who had already established statutory whistleblower schemes had to update their schemes if they were subject to the Act on Protection of Whistleblowers.  

Plesner's solution

Plesner is offering a whistleblower scheme with a related documentary package which complies with the statutory requirements in the individual areas. We also consider the requirements introduced into Danish law by the Act on the Protection of Whistleblowers. At the same time, it is possible to expand the scope of the scheme beyond any statutory requirements if you want your scheme to apply outside of your undertaking - for example by giving partners or customers an opportunity to report any issues.

Reports received under the whistleblower scheme will be screened by Plesner in terms of whether they fall within or outside the scope of your scheme. Before disclosing the report to you, we make sure that disclosure is not made to concerned persons who are impacted by the report. 

The whistleblower scheme is a user-friendly and secure solution providing for full anonymity and creating a framework for efficient and confidential processing of reports.

Secure and encrypted whistleblower scheme

Plesner's whistleblower scheme complies with all requirements and needs in relation to whistleblower schemes:
  • An encrypted and secure solution subject to two-factor verification
  • All communication takes place within a closed portal placed in an ISO 27001 certified data centre
  • The whistleblower can remain completely anonymous
  • Full logging of events in the portal
  • The solution does not give rise to any requirements to your IT systems. Implementation is made through a link placed on your intranet/website for access to the reporting site
  • Formalised procedures for setting up, amending and closing user access.

Documentary package

When establishing the whistleblower scheme, we will put together a documentary package consisting of 1) guidelines, ii) administrative procedure, and iii) privacy policy specifically adapted to your scheme.

The guidelines describe, for instance, who can report under the whistleblower scheme, which issues may be reported under the whistleblower scheme, the reporting person's choice of anonymity, etc. The guidelines are placed next to the link to the reporting site and instruct a potential whistleblower on the whistleblower scheme. 

Administrative procedures describe your internal approach to processing of reports under the whistleblower scheme. For instance, the administrative procedure clarifies who in the organisation will receive and process the report and the related process. 

The privacy policy describes how the personal data of the whistleblower and the concerned person are processed under the whistleblower scheme. 

The documentary package is prepared in close consultation with you and based on the whistleblower scheme you wish to establish - regardless of whether the establishing of the whistleblower scheme is due to a statutory requirement, compliance considerations, or a combination. We ensure that your whistleblower scheme complies with statutory requirements and any other related practice.

Subscription

Plesner's whistleblower scheme works as a subscription which includes Plesner's examination and screening of reports made under the scheme.

Please contact us if you wish to know more about Plesner's whistleblower scheme.