ENG

Sweden

What stage has the legislature reached in implementing the Whistleblowing Directive? If not already implemented, when is it expected or planned that the required legislation will be passed?

In Sweden, the new Whistleblowing Act (2021:890) entered into force on 17 December 2021.

Status

Legislation passed / Directive implemented.

Reporting topics covered (in addition to those covered by the Directive)

The new Swedish Whistleblowing Act applies also to reports on misconduct in work-related contexts for which there is a "public interest". It is not applicable for information that falls under the  The Protective Security Act, nor for information that is related to national security within the national defence or information with a public authority within defence or public protection/security.

Categories of person who may report (in addition to those specified in the Directive)

  • Employees and job applicants
  • Persons seeking or performing voluntary work
  • Persons seeking or completing internships
  • Persons who are otherwise available to perform, or performs, work under the supervision and management of a business operator
  • Self-employed persons seeking or performing assignments
  • Persons available to be, or who are, part of the administrative, management or supervisory body of an undertaking
  • Shareholders available to be, or who are, active in a limited liability company
  • Persons who have belonged to any of the above categories and have received or obtained the information during the time in the business

Are there any stipulations as to who may investigate a report?

The investigator(s) must be an independent individual (or entity). The investigator may be an employee or an external company.

Are entities with fewer than 50 workers exempt?

Yes, companies with fewer than 50 workers are exempt from the requirement to implement an internal whistleblowing system.

If an exempt organisation implements a whistleblowing scheme will the Directive / implementing law apply?

Companies with fewer than 50 workers are exempt from the rules regarding implementation of internal whistleblowing channels. However, all entitles, regardless of size, are obliged to ensure that all workers are protected when filing an internal whistleblowing report.

Are there any specific timescales that apply (e.g. for acknowledgements and responses) (Yes/No)?

Yes, the Reporter shall be given confirmation (that the Report has been received) within 7 days (unless the Reporter has asked not to be contacted).

Can reports be made anonymously?

Yes.

Are private sector entities required to accept and follow up on anonymous reports?

No.

Remedies for retaliation

Compensation/damages. For termination or summary dismissal this is up to 16-32 months' salary.

Are group-wide reporting channels permitted?

Yes, but only in respect of companies that engage between 50-249 employees. If a company is bound by a collective bargaining agreement (“CBA”), the relevant parties to the applicable CBA may agree to deviate from rules regarding internal reporting channels and the rules regarding reporting and follow-up provided that any such deviation does not entail a breach of any of the individual rights in the Directive.