Fredrik Sarman of law firm Fylgia, together with Petter Tiger – CEO of Lantero Whistleblowing Systems – have published an opinion piece in Dagens Juridik discussing the upcoming whistleblowing legislation in Sweden and the potential requirements it may impose on employers.

This autumn, the government is expected to propose new legislation on whistleblowing systems. According to a previous inquiry (SOU 2024:31), the law may require both private and public employers to implement structured whistleblowing solutions. But what exactly qualifies as a genuine whistleblowing system – and what are inadequate stopgap measures?

In their article, Sarman and Tiger highlight the need to take the issue seriously and avoid simplistic solutions – such as a dedicated internal email address or a designated trusted person – which risk overlooking crucial aspects like anonymity, fair case management, protection against conflicts of interest, and the quality of the investigation process. A modern whistleblowing system must provide secure reporting channels, a clear handling procedure, and preferably an independent body for the initial assessment of incoming reports.

For organisations, a functioning whistleblowing system can be a powerful tool
A well-functioning whistleblowing system is not only an impending legal requirement – it is also a strategic instrument for quality control, internal compliance, and risk management. By identifying misconduct early – such as irregularities, harassment, or unethical behaviour – organisations can act proactively and minimise harm.

However, this presupposes that the system is professionally designed and not merely existing “on paper”. Sarman and Tiger therefore advocate that more companies and authorities consider engaging an independent party – such as a law firm – to manage the initial analysis of whistleblowing cases.

New legislation will impose fresh demands – is your organisation prepared?
The expected legislation is likely to be relatively flexible in its design, allowing adaptation to each organisation’s specific needs. At the same time, this risks some solutions being marketed as whistleblowing systems without meeting the most fundamental criteria.

It is therefore crucial that HR managers, general counsel, compliance officers, CSR leaders, and other relevant decision-makers familiarise themselves with what an effective whistleblowing system truly entails – both technically and organisationally.

Read the full opinion piece in Dagens Juridik