The whistleblowing scheme for market abuse of the Danish FSA:
The Danish FSA has a whistleblowing scheme in respect of market abuse. Market abuse covers insider dealing, unlawful disclosure of inside information and market manipulation in accordance with the Market Abuse Regulation.
Who can be a whistleblower?
Everybody can report a possible violation of the Market Abuse Regulation.
This applies no matter on whom you report or who you are.
Secure and anonymous communication
The whistleblowing scheme provides an opportunity for everybody to report violations or potential violations of the Market Abuse Regulation through special, independent channels, either anonymously or by stating name and contact information.
If you want to report potential market abuse you may do so either anonymously or with a known identity.
In order to secure your anonymity we recommend that you use one of the following secure forms of communication with the Danish FSA.
1. When you file a report with the Danish FSA it is done in a contact form which ensures that the report is sent securely and anonymously to the Danish FSA. Please remember to use the form “Market abuse” (“Markedsmisbrug”).
2. Our reception will ensure that on the phone you get through to our anonymous whistleblowing line and speak with an employee with the relevant expertise. You may contact our reception, telephone No +45 33 55 82 82, during office hours, Monday to Thursday from 9 a.m. until 4 p.m. or Friday from 9 a.m. until 3 p.m. Conversations are not recorded.
3. You can arrange a meeting with us at our address, Aarhusgade 110, DK-2100 Copenhagen Ø by contacting our reception on telephone number +45 33 55 82 82 or by showing up at our address during office hours, Monday to Thursday from 9 a.m. until 4 p.m. or Friday from 9 a.m. until 3 p.m.
You can also send a physical letter to our address or an email. Please note that this is not considered secure communication.
Anonymity and public access to documents
Transfer of data in relation to reporting is done in such a way that your identity as whistleblower is not revealed. However, this does not apply to transfer of information in connection with an investigation or any subsequent legal proceedings.
The Danish FSA cannot transfer personal data about a person who by using his or her own name has reported on a person or a company to the Danish FSA for violation or potential violation of the rules issued in the MAR area. If you report on a company or a person, the Danish FSA will therefore not pass on your personal data to the company or the person in question.
Personal data are therefore not subject to public access to documents under the rules in the Danish Public Administration Act (lov om offentlighed i forvaltningen) or the rules on reporting in the Danish Procedural Act (lov om retssikkerhed og administration på det sociale område).
Under section 354(6) of the Danish Financial Business Act (lov om aktie- og anpartsselskaber), the Danish FSA may pass on information to other public authorities, including the public prosecutor and the police, if this is considered relevant. If the information is passed on to another authority, this authority will also be comprised by the professional secrecy applying to the employees of the Danish FSA. Consequently, the information cannot be passed on by the authority receiving the information, but the authority may use the information in regard to its case. For instance, the public prosecutor may decide to summon the whistleblower as a witness if the identity of the whistleblower is known.
Information may moreover be passed on to authorities in third countries in connection with investigations or lawsuits concerning market abuse, cf. article 354(6) of the Danish Financial Business Act (lov om finansiel virksomhed).
Protection of whistleblowers in employment
Whistleblowers in employment are protected against reprisals, discrimination and other types of unfair treatment. This applies whether you are employed in a financial or a non-financial company.
If in your capacity as a whistleblower you end up in a labour dispute, the Danish FSA will confirm that you have status as a whistleblower and are therefore protected against reprisals, discrimination and other types of unfair treatment following from your role as a whistleblower. This protection means among other things that you cannot legally be dismissed with reference to your role as whistleblower.
Feedback from the Danish FSA
When you report possible market abuse, you will not receive feedback on the outcome or status of your reporting. The lack of feedback is not a sign that your report is not processed, but a consequence of the professional secrecy of the Danish FSA, cf section 354(1) of the Danish Financial Business Act.
However, you are very welcome to forward contact information, and we will then contact you if your report gives rise to elaborating or additional questions. This is, however, not a requirement.