Sweden
Art. 2 (2) - Extension of material scope beyond EU law
Swedish legislation offers broader protections compared to the EU directive. For example, Sweden extends protection to irregularities of public interest and gross violations of internal policies if there is a public interest in disclosure. Additionally, Swedish law covers specific areas like environmental protection, public health, and consumer protection, even if these do not involve violations of EU legal acts. For examples:
1. Irregularities of public interest: Swedish law protects whistleblowers when reporting irregularities that are not only violations of laws but also matters of public interest.
2. Gross violations of internal policies: If an organization violates its own internal policies or guidelines in a significant way and there’s a public interest in exposing this, Swedish law provides protection.
3. Specific areas beyond EU requirements: Sweden includes protections for whistleblowing in areas such as: Animal health and welfare: Reporting cases of unethical treatment of animals in industries such as farming. Consumer protection: Highlighting unfair practices like misleading advertising that harm consumer interests. Public health: Exposing failures in the handling of healthcare services or public health crises. However, the law does not apply to the reporting of classified information.
Art. 4 (1) - Extension of personal scope (protected person)
Swedish legislation complies with the directive and has not introduced protection for more categories of persons than what the directive requires.
Art. 6 (2) - Acceptance of anonymous reports
Swedish legislation does not include regulations regarding anonymous reporting. However, many organizations, through their digital systems for whistleblowing, enable anonymous reporting and feedback.
Art. 7 (2) - Encouraging internal reporting
The protection for whistleblowers applies regardless of whether the reporting is done through internal or external reporting channels. The legislation does not explicitly state that internal reporting should be encouraged.
Art. 8 (7) - Obligation for legal entities in the private sector with less than 50 workers
There are no requirements for operators in the private sector with fewer than 50 employees to establish an internal whistleblowing function, even if they operate in an exposed industry.
Art. 8 (9) second subparagraph - Exemption for municipalities with fewer than 10.000 inhabitants / fewer than 50 workers / other entities with fewer than 50 workers
Municipalities and state authorities with fewer than 50 employees are not covered by the law. However, municipalities or regions with fewer than 10,000 inhabitants are covered by the law.
Art. 8 (9) Third subparagraph - Shared internal reporting channels for municipalities
Municipalities may share internal reporting channels and procedures for reporting and follow-up with other municipalities, as well as with municipal companies, foundations, and associations.
Art. 11 (1) - Authorities competent to receive external reports
“It is the government that appoints the authorities responsible for establishing external reporting channels and procedures for reporting and follow-up. The authorities operate in accordance with a regulation; Förordning (2021:949) om skydd för personer som rapporterar om missförhållanden.
The authorities designated by the government to receive external alerts are:
• Arbetsmiljöverket
• Boverket
• Elsäkerhetsverket
• Fastighetsmäklarinspektionen
• Finansinspektionen
• Folkhälsomyndigheten
• Havs- och vattenmyndigheten
• Inspektionen för vård och omsorg
• Inspektionen för strategiska produkter
• Kemikalieinspektionen
• Konkurrensverket
• Konsumentverket
• Integritetsskyddsmyndigheten
• Livsmedelsverket
• Läkemedelsverket
• Länsstyrelserna i Stockholms, Västra Götalands och Skåne län
• Myndigheten för samhällsskydd och beredskap
• Naturvårdsverket
• Post- och telestyrelsen
• Regeringskansliet
• Revisorsinspektionen
• Skatteverket
• Skogsstyrelsen
• Spelinspektionen.
• Statens energimyndighet
• Statens jordbruksverk
• Strålsäkerhetsmyndigheten
• Styrelsen för ackreditering och teknisk kontroll
• Transportstyrelsen”
Art. 11 (3) first sentence - Competence of authorities to decide on the minority of external reports
Designated authorities shall receive, investigate, and provide feedback on reports of wrongdoing. This is regulated by Regulation 2021:949 on the protection of persons reporting wrongdoing.
Art. 11 (4) first sentence - Competence of authorities to decide on closing procedures regarding repetitive external reports
The Regulation (2021:949) does not specifically express the right to close repetitive external reports.
Art. 11 (5) - Competence of authorities to handle particular external reports with priority
Regulation (2021:949) does not specifically specify a prioritization order.
Art. 20 (2) - Financial assistance and support measures for reporting persons
Whistleblowers have the right to protection against retaliation, but financial support is not explicitly mentioned in the law. However, a person who is subjected to retaliation is entitled to compensation.
Art. 21 (1) first sentence - Protection measures against retaliation
Swedish law has introduced a prohibition against obstructive measures and reprisals. The legislation includes a clause ensuring that reporting persons are protected, as well as individuals who assist in the reporting or have connections to the reporting person.
Art. 23 (1) - Penalties
Swedish legislation prohibits obstructing reporting or taking reprisals against the reporter. An operator must not take reprisals because someone consults their employee organization regarding reporting. The operator must also not hinder or attempt to hinder such consultation.
Art. 23 (2) first sentence - Penalties for false reporting
The Swedish whistleblower legislation does not include specific sanctions against those who deliberately report false information. However, there are already other established laws that can be applied, such as defamation or breaches of the duty of loyalty.
Art. 25 (1) - Further national rights of reporting persons
A reporting person has the right to compensation for damages.
Final remarks:
N/A