New whistleblower law

On 1 December current year, it is proposed that a completely new whistleblower law, which is based on an EU directive from October 2019 (the Whistleblower Directive), enter into force. The new proposed whistleblower law makes Sweden one of the first EU member states to adopt the EU directive on whistleblower protection. The proposed law would, among other things, means that a person who reports an incident must not, except in exceptional cases, be held liable for a breach of confidentiality, for example a breach of a confidentiality clause in an agreement or a duty of confidentiality that follows from the Swedish Public Access to Information and Secrecy Act. Furthermore, the reporting person shall be entitled to damages for the loss and violation that the retaliation entails. An employer who violates the prohibition on retaliation or who has obstructed or attempted to obstruct the reporting of misconduct shall be liable to pay damages. The new law will entail stricter protection for whistleblowers in private and public operations (with +50 employees) and requires the implementation of a secure and anonymous reporting system. If you would like mor information, read our PM, New whistleblower law or contact us if you need guidance.

Link: PM New whistleblower law.