Denmark: Parliament adopts bill to transpose EU Whistleblowing Directive
The Parliament of Denmark adopted, on 24 June 2021, a bill on whistleblower protection which seeks to transpose the Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive') into Danish law. In particular, the bill provides that companies with 50 or more employees are required to establish a whistleblower scheme.
The bill states that companies with less than 50 employees may still be required to establish a whistleblower scheme in accordance with industry-specific requirements. In addition, the bill empowers the Minister of Justice, following a risk assessment, to adopt rules which require companies with less than 50 employees to establish an internal whistleblower scheme. Furthermore, the bill outlines that, in addition to the internal whistleblower schemes, an external whistleblower scheme should be established by the Danish data protection authority ('Datatilsynet').
The bill will enter into force on 17 December 2021, however companies in the private sector with between 50 to 249 employees have until 17 December 2023 to establish a whistleblowing scheme.