Danish law does not prohibit citizens from reporting frauds against the U.S. Government under the False Claims Act, or violations of the provisions of the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act.
What disclosures are currently protected?
Denmark does not have a national whistleblower law. There are provisions for making protected disclosures in the financial sector, however, from Kohn, Kohn & Colapinto’s experience, these protections are extremely weak and undercut by the “duty of loyalty” danish employees owe their employers. Additionally, there are no provisions guaranteeing confidentiality for whistleblowers or providing rewards for successful whistleblowers in Danish law. Therefore, whistleblowers are better off reporting to U.S. regulators, where possible, at least until the transposition of the Whistleblower Directive is complete.
Can Danish whistleblowers receive rewards?
There is no law in Denmark providing whistleblowers rewards, however, they may receive rewards through U.S. laws.
Recent updates and future legislative developments
Denmark is required to implement the requirements of the EU Directive on Whistleblowing into its national law. However, it has not yet announced that it has begun this process.
Can/should Danish whistleblowers report to U.S. officials?
No law in Denmark strictly prohibits Danish citizens from reporting frauds against the U.S. government under the False Claims Act, or violations of provisions of other statutes including the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act. However, Danish citizens should seek expert legal advice in pursuing such an action given the freedom of speech limits and duty of loyalty that may exist in their contracts.