Module Learning Objective

identify the information needed to assess the organisation's duties

1. Regulatory Concept & Core Standards

Today we will learn to identify the information needed to assess the organisation's duties. Throughout the video, consider the difference between knowing a rule and applying it to a decision. We will work through an example, identify a possible failure and develop a response that can be used at work. An integrity programme connects risks, behaviour, controls and reporting channels. The obligation to protect whistleblowers must be assessed under national law. The prevention measures used in the examples are good practice unless identified as a specific legal obligation applicable to the organisation.

The assessment starts with the legal entity, its activities and the territory in which it operates. Count workers using the national criteria, identify whether the entity is public or private, and check sector-specific exceptions. A size threshold does not answer every question. The obligation to establish a channel, whistleblower protection and corruption prevention duties may have different scopes.

Apply the following rule: Employers with 50 or more employees generally need an internal scheme. Ministry guidance uses the average over the four preceding quarters, counting employees regardless of working hours. New or substantially expanded workplaces use the available quarters. Sectoral rules may add duties. Section 10 requires written or oral reporting, or both. Where oral reporting is offered, a physical meeting must be available on request within a reasonable time.

2. Practical Implementation & Procedure

Record the employer’s legal form, size, activities and group structure. Identify the legal basis and date the assessment. Ministry guidance counts all employees regardless of working hours and uses the average over the four preceding quarters, with a specific approach to new or substantially expanded workplaces. Examine group arrangements or resource sharing without assuming that the employer’s duties disappear. Distinguish Danish legal duties from internal group standards. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

A fictional company has eighty workers. An association has thirty and a public body has twenty. The first meets the general size threshold described. For the others, the assessment does not end with the headcount: the sector, public status and specific prevention and reporting-channel obligations must also be examined. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Can an organisation conclude that it has no prevention duties simply because it has fewer than fifty workers? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

No. Size is one factor, but it does not replace an assessment of the entity's nature, sector or territorial rules. The conclusion must distinguish the channel obligation, conditions for protection and prevention measures. A reasoned assessment explains why a particular duty was considered applicable.

One mistake to avoid is: using the fifty-worker threshold as a universal answer across different legal regimes.

Now apply the national rule to a second decision. A subsidiary copies its foreign head office's policy without assessing its own activities and size. What must it check?

Identify the local legal entity, sector, national counting method and any public-sector or territorial regimes. Then link each obligation to a source and a responsible person. A group model can support operations but does not replace this assessment.

National Legal Framework: Lov om beskyttelse af whistleblowere, transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.