Whistleblower law in Denmark #
Employers in Denmark with 50 or more employees must establish a whistleblowing channel (an “internal reporting channel” under Article 8 of Directive (EU) 2019/1937). The requirement comes from § 9 of Act No. 1436 of 29 June 2021. The employer’s channel is separate from the National Whistleblower Scheme, which provides an external reporting route. Official law, §§ 9 and 17.
Applicable law #
Which employers must establish a whistleblowing channel? #
Public authorities and private employers with at least 50 workers must establish an internal whistleblower scheme. For employers below 50 employees, check the applicable sector rules: § 2 preserves special EU-derived reporting regimes, and § 9(2) permits additional obligations following a risk assessment. The general 50-employee threshold is not a universal exemption.
What must an employer put in place? #
| Requirement | Legal basis |
|---|---|
| Designate an impartial person or department; permitted tasks may be handled by a third party | § 11 |
| Protect identities and prevent unauthorized access | § 12(1) |
| Acknowledge receipt within seven days and follow up diligently | § 12(2) |
| Provide feedback as soon as possible and no later than three months after acknowledgement | § 12(2) |
| Give workers accessible information about internal and external reporting | § 13 |
| Keep written documentation of the scheme and procedures | § 16 |
The law took effect on 17 December 2021. For private employers with 50–249 employees, the internal-channel provisions took effect on 17 December 2023 (§ 31).
External reporting authority #
The official external route is the National Whistleblower Scheme, which is established within Datatilsynet but operates as a separate national external channel.
Data protection authority #
The GDPR supervisory authority is Datatilsynet, which also hosts the National Whistleblower Scheme institutionally.
Key compliance points #
- Denmark’s national scheme accepts written, oral and in-person reports and explicitly allows anonymous reporting.
- The national scheme is not limited to GDPR issues; official Danish materials say it also covers serious legal breaches and other serious matters within the law’s scope.
- Internal procedures should make clear when a worker should use the employer’s channel and when the national external route is more appropriate.
Official sources #
- Act No. 1436 of 29 June 2021 — official text
- National Whistleblower Scheme — English overview
- Datatilsynet — National Whistleblower Scheme
- Justitsministeriet — guidance for private workplaces
- Justitsministeriet — guidance for public workplaces
Evaluating a whistleblowing channel for Denmark? Review how EthicsPortal works and pricing. The employer remains responsible for its procedure, designated handlers and follow-up.