The Danish Whistleblower Act requires you to document how you have complied with the rules. Some of the documentation can be incorporated into your whistleblowing policy, but the requirement for legal documentation goes beyond that.
It's not enough to comply with regulations - it must be documented
The Whistleblower Act is structured a little differently than many other laws. If you are inspected by an authority, you must be able to present legal documentation of how you have complied with the rules. This means that it is not enough to comply with the rules, you must also be able to explain how you have done so. The penalty for lacking legal documentation is a fine.
How does the legal documentation relate to the whistleblower policy?
Neither the Whistleblower Act nor the Whistleblower Directive mentions the word 'whistleblower policy', and it's a little unclear what it is. However, the legal documentation goes beyond what you would typically include in a whistleblowing policy. Among other things, it is intended to facilitate any investigation of reports of non-compliance with the obligation to establish an internal whistleblowing scheme.
A whistleblower policy is often aimed at employees and explains how to use the whistleblower scheme and how you are protected as an employee under the rules of the Whistleblower Act. It will usually not specifically describe the case handling procedures that are in place, such as where and how reports are registered, where documents are stored in the company's IT system, how they are encrypted and how to give access to the employees who need to see them, etc. However, these procedures must be documented in writing and must be part of the legal documentation.
You can't use a standard text
When you are a customer of Whistle Tools, this documentation is included. It is important to note that the documentation must describe how the rules have been met in each workplace. Therefore, you can't just find a standard text online. You need to describe a wide range of specific conditions at the individual workplace.
You might compare it to the fact that you can't find a standard text for a will online and just use it. Basically, a will needs to describe who is to inherit what, and that's not something that can be found in a standard text. This typically requires a lawyer to help you with this. Similarly, you should also use an advisor to prepare the legal documentation according to the Whistleblower Act. Please contact us for more information.
The reason it can be called 'a trap' is because most employers are probably not aware of this documentation obligation and can easily end up in a situation where even if they have a whistleblower policy, it is not designed to serve as documentation of how they have complied with the rules.
In this respect, the Danish Whistleblower Act goes further than required by the Directive. There is no provision that directly requires the preparation of legal documentation.
We have prepared legal documentation for our scheme
As part of the subscription to our whistleblowing scheme, we have prepared a wide range of documents that are available in our library. Here you can also find a template for the legal documentation we have created specifically for our scheme.
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