Together, we continue to explore whistleblower protection practices around the world.
Next comes the experience of Sweden, which was the second country to implement the Directive on time.
⚖️ Legislative basis
Sweden has had a Whistleblower Act since 2016, although it only applied to public and private sector employees.
The new Act ("The Whistleblowing Act"), which was adopted in 2021, expanded the concept of whistleblowers under the Directive.
👤 To whom did the Law apply?
The law applies to people who work in the organization, as well as to other people (people who help the whistleblower; legal entities that the whistleblower owns, works for or is connected with).
State and private organizations, as well as all municipalities, including those with a population of less than 10,000, are covered by the Act. This is where Sweden went beyond the scope of the Directive.
👷 Duties of employers
▪️ create internal communication channels and inform staff about their functioning;
▪️ to provide an opportunity to report orally and in writing;
▪️ confirm submission of the message within 7 days;
▪️ provide feedback within 3 months;
▪️ retain personal data for a maximum of two years after the investigation, and delete
▪️ personal data that is not relevant to the investigation immediately.
ℹ️ What information is protected?
Information disclosed by a whistleblower that is of general interest. That is, in this Sweden also goes beyond the scope of the Directive, which applies only to violations of EU legislation.
👮 Whistleblower Protection
Whistleblowers and those who help them have protection from prosecution and can also receive compensation for damages.
The law does not establish penalties for individuals or legal entities that retaliated against whistleblowers and initiated proceedings against whistleblowers, as required by the Directive.
🗨️ How do experts assess the approach to whistleblower protection in Sweden?
Sweden's Minister of Employment, Eva Nordmark, comments on the country's approach to whistleblower protection: “People should not fear being fired or locked in a freezer for reporting wrongdoing in their workplace. We shouldn't have quiet workplaces where problems are swept under the carpet."
In a recent report, Transparency International praised Sweden for its progress in implementing the Directive, but also pointed out a pressing problem — the law limits the amount of compensation whistleblowers can receive, and they may not receive full compensation, which is not in line with the Directive.
So, nothing is perfect. Sweden, implementing the Whistleblower Directive, has implemented a progressive Law that extends protection to individuals in all areas, including municipalities, but which does not take into account the basic aspect of protecting whistleblowers from retaliation and does not fully implement the right to compensation.