Whistleblower Protections Tighten in Norway Amidst EU Harmonization

Introduction

In October 2019, the European Union adopted the Directive on Whistleblowing (EU 2019/1937), aiming to provide common minimum standards of protection for whistleblowers across the bloc. Although not formally binding in Norway, the country’s Ministry of Justice is considering implementing similar measures to ensure compliance with EU principles.

Sweden Leads the Way

In Sweden, a new Act on Whistleblowing has been in effect since December 2021, replacing an earlier law. The updated legislation provides broader protections for whistleblowers, including individuals who are not employees but have acquired information about wrongdoing or irregularities through their work-related activities.

Key Features of the Swedish Act

• Employers must confirm receipt of reports within seven days and provide feedback on measures taken to address concerns within three months.
• Employers with 50 or more employees are required to establish internal reporting channels and procedures for handling whistleblower cases.

Norway Considers Strengthened Protections

The Norwegian Ministry of Justice has proposed a new law aimed at protecting whistleblowers who report breaches, building on existing provisions in the Working Environment Act (WEA). The draft legislation seeks to meet EU minimum standards, which are more prescriptive than current Norwegian law.

Key Changes

• Expanded categories of protected individuals, including self-employed persons, shareholders, and suppliers.
• Employers would be required to establish internal reporting channels and procedures, as well as provide feedback to whistleblowers within three months.
• Emphasis on confidentiality, prohibiting disclosure of a whistleblower’s identity unless necessary for safeguarding rights or defense.

External Reporting Channels

External reporting channels would also need to be established, potentially overseen by authorities such as the Norwegian Data Protection Authority or the Norwegian Labour and Welfare Authority.

Companies Take Note

Norwegian companies should prepare for stricter requirements on whistleblowing procedures and timelines. With an external reporting channel expected to be established, companies must evaluate their internal processes and be prepared to take swift action in response to whistleblower reports.

• The right to compensation for damages will also be governed by a single provision, mirroring the WEA framework.
• Employers should stay informed of these developments to ensure compliance with evolving whistleblower protection regulations.