Internal Investigation Procedure Template for Denmark

An Internal Investigation Procedure guides how Danish companies systematically look into potential misconduct, compliance breaches, or workplace issues. It sets clear steps for gathering evidence, interviewing witnesses, and documenting findings while respecting Danish labor laws and data protection requirements under GDPR.

Following the Danish Corporate Governance Code's recommendations, these procedures help organizations maintain transparency and protect both the company and employees during sensitive inquiries. The process typically includes rules for confidentiality, reporting channels, and specific timeframes - ensuring investigations remain fair, thorough, and legally sound under Danish employment regulations.

Use an Internal Investigation Procedure when serious concerns arise about workplace misconduct, financial irregularities, or compliance violations in your Danish organization. Common triggers include employee complaints about harassment, suspicions of fraud, data breaches, or violations of anti-corruption laws like the Danish Criminal Code's bribery provisions.

The procedure becomes essential when dealing with whistleblower reports through Danish reporting channels, investigating potential breaches of competition law, or addressing workplace safety incidents. Having this framework ready before issues emerge helps protect your organization's legal interests and ensures investigations follow Danish labor laws and GDPR requirements.

• Danish Internal Investigation Procedures typically come in three main forms: Crisis Response procedures for urgent matters like data breaches or safety incidents, Standard Investigation procedures for routine misconduct cases, and Extended Investigation procedures for complex financial or regulatory issues requiring external experts.
• Each type adapts core elements like confidentiality protocols, interview guidelines, and evidence handling to match specific needs - but all must align with Danish labor laws, GDPR requirements, and industry-specific regulations.
• Sector-specific variations exist for financial institutions (following Finanstilsynet guidelines), healthcare organizations, and public authorities.

• Legal and Compliance Teams: Draft and maintain Internal Investigation Procedures, ensuring alignment with Danish law and company policies
• HR Departments: Coordinate investigations, manage witness interviews, and protect employee rights under Danish labor regulations
• Senior Management: Approve procedures, receive investigation reports, and make decisions based on findings
• External Counsel: Provide specialized guidance on complex cases or when independence is crucial
• Employees: Must cooperate with investigations while enjoying protection under Danish whistleblower laws and GDPR
• Works Councils: Review procedures to ensure fair treatment and employee rights protection

• Initial Assessment: Map your organization's risk areas and common investigation triggers under Danish law
• Legal Framework: Review Danish labor laws, GDPR requirements, and sector-specific regulations affecting investigations
• Stakeholder Input: Consult HR, legal team, and works council about investigation protocols
• Documentation Rules: Define evidence collection methods compliant with Danish privacy laws
• Reporting Channels: Establish clear whistleblower procedures aligned with Danish requirements
• Template Creation: Use our platform to generate a legally-sound procedure that includes all mandatory elements
• Review Process: Set up internal approval workflows and regular update schedules

• Scope and Purpose: Clear definition of what triggers an investigation and covered activities
• Legal Framework: References to relevant Danish labor laws, GDPR, and whistleblower protection rules
• Confidentiality Terms: Data handling protocols aligned with Danish privacy requirements
• Investigation Steps: Detailed process for evidence collection, interviews, and documentation
• Rights and Obligations: Clear outline of employee rights and company responsibilities
• Reporting Procedures: Structured format for findings and recommendations
• Review Mechanism: Process for updating and maintaining the procedure
• Documentation Rules: Guidelines for record-keeping compliant with Danish law

While both documents deal with organizational incidents, an Internal Investigation Procedure differs significantly from a Disciplinary Procedure. The key distinctions lie in their purpose, timing, and scope within Danish workplace law.

• Primary Purpose: Investigation procedures focus on fact-finding and evidence gathering, while disciplinary procedures outline specific consequences for confirmed misconduct
• Timeline Application: Investigation procedures come first to establish facts, followed by disciplinary procedures only if misconduct is confirmed
• Legal Framework: Investigation procedures must comply with Danish evidence-gathering and privacy laws, while disciplinary procedures align with employment law and collective agreements
• Stakeholder Rights: Investigation procedures protect witness confidentiality and evidence integrity, whereas disciplinary procedures focus on employee defense rights and appeal processes
• Documentation Requirements: Investigation procedures detail evidence collection methods, while disciplinary procedures outline warning systems and sanction scales