EU Directive on Whistleblowing and the Transposition Process in Denmark and Norway

Denmark and Norway share similar labour market models and legal systems yet differ significantly in whistleblower protection.

Norway introduced whistleblower provisions in the Working Environment Act (WEA) in 2007 but has not fully implemented the European Directive (EU) Whistleblowing Directive (WB Directive). Denmark, by contrast, lacked general whistleblowing legislation until transposing the WB Directive in 2021.

In both countries, statutory adaptation involves public consultation prior to legislative proposals. This chapter analyses these consultation rounds to examine stakeholder positions on the necessity and scope of whistleblower legislation and the mobilization of interests, particularly among employers and employees.

Employer responses in both countries emphasized delimiting the material scope during transposition. Nevertheless, Denmark’s Whistleblowing Act, shaped by the WB Directive, significantly strengthened employee protection. Its scope extends beyond EU requirements to include breaches of Danish law and other ‘serious matters,’ such as sexual harassment. Norwegian trade unions, conversely, advocated leveraging national discretion to enhance protections beyond the WB Directive’s minimum standards.

Danish employers expressed concerns about restricting the whistleblowing scheme to traditional employee–employer relations to avoid disrupting established systems – a position absent from Norway’s consultation.

These findings illustrate contrasting approaches to balancing EU obligations with domestic priorities and highlight how stakeholder engagement influences legislative outcomes in whistleblower protection.