Whistleblower scheme from LES

With the introduction of the EU Whistleblower Directive, it is mandatory for businesses and public authorities with more than 50 employees to implement a whistleblower scheme. 

This requirement aims to foster a culture of transparency and accountability across the private and public sectors. The directive also strictly prohibits reprisals against individuals who report violations. 

If your business has averaged 50 or more employees over the past four quarters, you are legally obligated to implement a whistleblower scheme. All employees must be counted, regardless of their employment terms or hours. 

Even though the requirement applies to organizations with 50 or more employees, many smaller businesses may benefit from implementing a whistleblower scheme to enhance transparency and trust both internally and externally. 

A whistleblower system may consist of an internal whistleblower unit and reporting channel or a system provided and managed by an external third party. 

It may be straightforward to establish a reporting service, however, the challenge lies in its ongoing management. Key questions include determining which reports fall within the scope of the scheme and the applicable handling and procedural requirements. 

By opting for an external whistleblower scheme provider, your organization ensures that reports are handled objectively, confidentially, and professionally. An external partner provides impartiality, which fosters trust among employees who are often more comfortable reporting concerns through an independent channel. Further, an external solution frees up internal resources and promotes openness and accountability in your organizational culture. 

Promotes ESG compliance: A whistleblower scheme strengthens your company’s governance by ensuring transparency and accountability. It serves as an effective control mechanism to identify and prevent potential violations or irregularities. It also enhances the social aspect by creating a safe workplace environment where employees can anonymously report unethical conduct without fear of consequences. 

Focus on responsibility and integrity: A whistleblower scheme fosters responsibility and integrity by empowering employees and stakeholders to report unethical or illegal behavior. This contributes to a culture of transparency and shared accountability, enabling the organization to address issues proactively and ensure ethical conduct throughout. 

Facilitates organizational improvement: Whistleblower schemes enable businesses to identify areas requiring attention and change. By gathering reports, management gains valuable insights to address challenges, improve workplace conditions, and optimize operations. 

Prevents legal violations: A whistleblower scheme facilitates an open and secure platform for reporting unethical or illegal actions, helping to prevent violations. The opportunity to report concerns anonymously encourages early intervention, reducing the likelihood of serious legal issues. It also deters unethical behavior as employees are less inclined to engage in wrongdoing, knowing a reporting system is in place. 

Encourages a positive corporate culture: A whistleblower scheme supports a healthy corporate culture by upholding values of openness, accountability, and trust. Employees feel more secure sharing concerns, fostering an environment of mutual respect and ethical behavior. 

If your organization has averaged 50 or more employees over the past four quarters, you are legally obliged to implement a whistleblower scheme. This includes all employees whether full-time, part-time, or temporary, as long as they are on payroll. 

Smaller organizations may also find value in adopting a whistleblower scheme to enhance trust and transparency. 

By choosing an external whistleblower scheme, your organization ensures that reports are handled impartially, confidentially, and professionally. An external provider increases trust among employees, legal compliance and limits internal resources. 

You have the option to purchase the following services for your organization’s whistleblower system: 

Introduction to the whistleblower system for employees 

 Lund Elmer Sandager provides a physical or digital presentation and demonstration of the whistleblower system for your employees to ensure they are well-prepared to use the system. 

• Duration: 1 hour 
• Price: DKK 2,000  

Employee training on focus areas 

Lund Elmer Sandager conducts physical or digital training for employees in specific areas if one or more reports indicate a general need for follow-up. 

• Duration: Estimated in advance 
• Price: Estimated in advance 

Course for designated contact persons 

Lund Elmer Sandager trains the designated contacts on handling whistleblower cases, including the rationale behind a whistleblower scheme, managing whistleblower cases and whistleblowers, effective communication, follow-up, and the implementation of any necessary measures. 

• Duration: 2 hours 
• Price: DKK 3,000  

Introduction for management and/or board of directors 

Lund Elmer Sandager provides an introduction for management and/or the board of directors on the rationale behind a whistleblower scheme, the fundamental principles of handling whistleblower cases, reporting lines, as well as emergency preparedness and crisis management. 

• Duration: 2 hours 
• Price: DKK 3,000  

Additional designated contacts 

Purchase of additional designated contacts for case handling: 

• Price: DKK 4,800 per person per year 

Additional view-only access users 

Purchase of additional users with "view-only" access to statistics and dashboards, without access to case data (typically board members or similar): 

• Price: DKK 1,200 per person per year 

All prices are exclusive of VAT. 

Contact Attorney Anna Lindecrone or Attorney Mina Faiz for more information about the add-on services. 

1. Receipt: Reports are managed by our whistleblower unit, consisting of legal experts in employment law. 
2. Acknowledgment: Receipt is confirmed within the mandatory seven-day period. 
3. Screening: Reports are evaluated to determine whether the report is within the scope of the whistleblower rules. 
4. Communication: The report is forwarded to the organization with a proposed response to the whistleblower. 
5. Handling: Depending on the scope, the report is either closed with an explanation or investigated further in collaboration with the organization. 
6. Processing: Cases are handled internally or externally as required, with specific legal case services billed separately. 
7. Conclusion: A final response is drafted in collaboration with the organization. 

1. What is a whistleblower? 

A whistleblower is an individual who reports illegal or unethical behavior within the organization.   

2. What is a whistleblower scheme?  

A whistleblower scheme provides a secure and anonymous platform for reporting concerning activities.   

3. Will allowing anonymity result in many baseless reports? 

The option for complete anonymity reassures whistleblowers and often encourages more genuine submissions.   

4. Why is it necessary to register at least two contact persons in the whistleblower portal? 

It is important that you provide two contact persons. If one of the contact persons is involved in the incident, Lund Elmer Sandager will involve the other contact person. 

5. Is it possible to purchase more than two contact persons? 

Yes, especially in larger organizations where more contacts can distribute the workload, minimize conflicts of interest, and provide flexibility for handling cases.   

6. Is a whistleblower scheme really necessary? 

A whistleblower scheme strengthens trust and transparency within the organization, allowing management to address concerns proactively. Additionally, EU legislation mandates such schemes for businesses with over 50 employees.   

7. Why are email or phone reports not accepted? 

At Lund Elmer Sandager, we only receive reporting through web-based communication, as it ensures the highest degree of security and anonymity for the reporter. At the same time, it ensures that Lund Elmer Sandager can conduct investigations and maintain a secure and protected dialogue with reporters as well as your contact persons without the risk of incorrect sharing of personal information or other confidential or sensitive information. 

8. Is it mandatory to make the whistleblower portal publicly accessible? 

Organizations can decide whether to restrict the portal to an intranet or make it publicly available. Public access is often recommended to include partners and collaborators.   

9. When is the contact person informed about a new report? 

The contact persons will be able to see that a new report has been filed as soon as the whistleblower has reported in the whistleblower platform. However, it will not be possible to access the case until Lund Elmer Sandager has investigated the case and assigned it to one of the contact persons. When Lund Elmer Sandager assigns the case to a contact person, the other contact persons will not be able to access the case, however, they can see that a new report has been filed. 

10. What case overview does the whistleblower portal offer? 

The whistleblower platform gives the contact persons in the company an overview of reports per. month, an overview of the categories which the reports concern, as well as average processing time per. report. In addition, the individual contact person can see the number of cases that he or she has been assigned. 

11. How secure is the whistleblower portal? 

The portal ensures anonymity with a randomly generated password for report access. Communication is encrypted (HTTPS), and user access is protected with two-factor authentication.   

12. What is the cost of establishing a whistleblower portal with Lund Elmer Sandager? 

The cost of having a whistleblower scheme with Lund Elmer Sandager starts at DKK 9,000 excluding VAT per year depending on company size. The fee includes setup, access to the whistleblower portal, and a document package containing policies, data protection policies, GDPR records, an internal awareness poster, and an initial assessment of whether reports fall within the scope of the whistleblower scheme.  

13. How do I set up a whistleblower platform for my company? 

Setup is completed online. Select “Set up whistleblower scheme” on the website, follow the instructions, and customize the portal with your branding. A link will be provided upon approval for integration into your intranet or website within a few days.   

14. Who can assist with portal issues or questions? 

For support, contact Mette Westergaard at mwe@les.dk with details, and assistance will be provided.   

16. How can LES’ Whistleblower scheme be ordered?  

Se up your whistleblower scheme here.