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Reporting irregularities on the basis of the Whistleblowing Act

The Act on Special Protection for Workers against Reprisals for Whistleblowing concerning Serious Irregularities (2021:890), referred to as the Whistleblowing Act, entered into force on 17 December 2021. The Act enables people to report irregularities in a work-related context of such gravity that their cessation is in the public interest.


How to report an irregularity

Describe, in writing, the information/circumstance you wish to report. Also describe how you came into contact with the information/circumstance.

Submit your report via email to the University Director Susanne Kristensson, susanne [dot] kristensson [at] rektor [dot] lu [dot] se or to the postal address

University Director, Lund University, 222 22 Lund. Label the subject line/envelope ‟Whistleblowing”.

Whistleblowers are protected

As a reporter of irregularities covered by the Whistleblowing Act, you are protected against reprisals. This applies if you have come into contact with the irregularity in a work-related context, i.e. as an employee, intern, job applicant or similar. Students are not covered by this protection.

In order to be protected, you do not need to know with certainty that the irregularity you are reporting is prohibited. It is sufficient that you have reason to suspect it is prohibited.

Why you are protected

The protection is to ensure that a person reporting an irregularity is not punished or subjected to reprisals by their employer. The protection may also be extended to others so that no one close to the reporter is punished.

Special channel for reporting

No later than 17 July 2022, public sector employers with at least 50 employees are to have an internal whistleblowing function in place for reporting irregularities covered by the new legislation. The University is currently working to set up such a function.


About the Whistleblowing Act

Background

In 2019, the EU adopted a directive to protect whistleblowers, which is now entering into force through national legislation in the member states.

Purpose and scope

The EU directive is mainly aimed at offences against EU regulations in the fields of public procurement, financial services, products and markets,  the prevention of money-laundering and funding of terrorism, product safety and product conformity, transport safety, environmental protection, radiation protection and nuclear safety, food and animal feed safety, animal health and well-being, public health, consumer protection, protection of privacy and personal data, and security in network and information systems.  

In addition, the Swedish Whistleblowing Act which has now entered into force covers irregularities of such gravity that addressing them is in the public interest. Personal problems in the workplace are not usually covered.

What does the law entail?

The Whistleblowing Act entails that people cannot be held responsible for breaching a duty of confidentiality, for example. However, this does not apply to the duty of confidentiality regarding military defence inventions, classified information that is security-protected pursuant to the Protective Security Act or information affecting national security. The protection also does not apply to a person who commits an offence by making a report.

Please note that all employees in a public sector organisation, with no risk of sanctions, can submit information to the mass media for publication. This is supported by their constitutional right relating to the freedom to communicate information.