Apper Systems AB’s whistleblowing service
Apper Systems AB has an internal reporting channel, known as a whistleblowing service, where you can report suspected wrongdoings and irregularities in work-related contexts within the company, without having to worry about negative consequences.
Before you make a disclosure to the whistleblowing service, you need to read the information below, which includes information about the type of wrongdoings that can be disclosed, who can disclose, how you go about making a disclosure in practical terms and what protection you have as the disclosing party.
What can be reported?
Whistleblowing disclosures must relate to wrongdoings in which there is a public interest that these be brought to light. The information should therefore concern the general public and not the reporting party’s own working or employment conditions. The protection of whistleblowers is governed by the Act (2021:890) on the protection of persons who report misconduct.
Circumstances concerning an individual may in some cases be of public interest if, for example, there are repeated or systematic breaches that can be considered unacceptable from a broader societal perspective. Breaches of internal regulations such as codes of conduct may in some cases be of public interest.
Whistleblowing may also refer to breaches of certain EU regulations and Swedish regulations that implement or supplement the EU regulations. The EU regulations covered are listed in Annex 1 to Directive (EU) 2019/1936 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of union law, which is available here.
The reporting party does not need to have actual evidence, reasonable concerns or suspicions are sufficient.
What should not be reported?
The reporting channels should not be used for:
- General expressions of dissatisfaction. Such cases must be communicated to the line manager or HR department.
- Reporting of classified information in accordance with the Protective Security Act (2018:585) or other information relating to national security.
Who can report and receive protection?
The parties protected by the Whistleblower Act are those who chave a so-called work-related context to the business. This means employees or other parties who in one way or another are active, such as temporary workers, in or in connection with the business where the wrongdoing occurs. It also includes part-time employees, job applicants and parties whose employment has ended. The reporting party indicates their connection to this group when submitting their report.
What the protection means
The protection prohibits Apper Systems AB from a) preventing or attempting to prevent a report and from b) retaliating on the basis of a report. The protection also consists of c) exemption from liability and a right to damages in the event such prohibitions are violated.
- Preventive measures may consist of the operator offering a benefit to prevent someone from consulting with their employee organisation.
- Retaliation includes, for example, dismissal, withholding of promotion, change in duties, change in workplace, reduction in salary and change in working hours.
- Protection in the form of exemption from liability means that a party who breaches a duty of confidentiality by whistleblowing in accordance with the law cannot be held liable for breaching the duty of confidentiality.
To be protected by being exempt from liability, the reporting party must have reasonable grounds to assume that to report the particular information covered by the duty of confidentiality was necessary to disclose the wrongdoing.
Liability is not granted in the event of an intentional breach of such a duty of confidentiality that, according to the Public Access to Information and Secrecy Act (OSL) restricts the right to notify and publish information according to the Freedom of the Press Act or the Fundamental Law on the Freedom of Expression, a so-called qualified duty of confidentiality, or a breach of a duty of confidentiality under the Defence Inventions Act (1971:1078).
Exemption from liability is also not granted when a reporting party discloses documents. However, exemption from liability does apply if the reporting party reports information from a document verbally or by other means without disclosing the document.
If the reporting party commits a crime in obtaining information, the party will not be protected. Crimes that can typically be committed during the obtaining of information are theft, unlawful intrusion, data breach, espionage or unauthorised dealing with secret information.
Who administers the whistleblowing system?
Apper Systems AB’s internal reporting channel is a secure system provided by KPMG AB (“KPMG”), a party independent of Apper Systems AB. KPMG’s whistleblowing service is completely independent of Apper Systems AB’s intranet and external website and can receive reports 24/7.
The reporting party can choose to report anonymously or to include their personal details. Registering an account is not required to make a report, but it helps further investigation of the case and/or follow-up of the case’s status. To ensure the anonymity of the reporting party, KPMG AB does not store IP addresses or other metadata. The system also protects the report and any information about the party/parties whose identity appears in the report.
How is reporting done?
- A report is submitted by the party wishing to make the report completing an electronic form in KPMG’s Whistleblowing Service via this link. Reports can also be made through KPMG’s telephone answering service: 077–140 16 97. The reporting party can also use KPMG’s whistleblowing service or telephone answering service to request a physical meeting to make the report.
- If the reporting party wishes to continue dialogue and/or follow the status of the case, the reporting party is assigned a unique case number and password to be able to follow the case via KPMG’s Whistleblower Service. The information must be stored in a secure manner.
- KPMG AB’s receiving unit receives the case (and confirms receipt if the reporting party has created an account for further contact or provided contact details in some other way).
- KPMG AB’s receiving unit makes an initial assessment of the case.
- The report and the initial assessment are forwarded to the pre-appointed contacts within Apper Systems AB for further handling and planning of action. KPMG AB ensures that a report is not forwarded to anyone within Apper Systems AB who is affected by the report.
- Apper Systems AB decides on any measures to take.
- Feedback is given to the reporting party, if the party has created an account or provided contact details in some other way.
Right to confirmation and feedback
The reporting party will receive confirmation from KPMG AB within seven days that the report has been received unless the reporting party has opted not to receive confirmation or if there is reason to believe that confirmation would reveal the person’s identity.
KPMG AB will provide reasonable feedback to the reporting party on what action has been taken and why within three months of receipt of a report (or if no confirmation of receipt has been provided, seven days from receipt of the report).
If you choose to report anonymously, the whistleblowing department cannot assess whether you are covered by the law or not. Nor will it be able to contact you to ask additional questions that may be crucial to the investigation. You will also not get the feedback the law requires you to be given if you report anonymously.
Different ways to report wrongdoing
Apper Systems AB’s internal reporting channel serves to support other reporting channels and is not intended to replace them. The person wishing to report a wrongdoing may choose which reporting channel is most appropriate depending on the circumstances and their own assessment of the risk of retaliation. Other possible channels are:
- Internal reporting by another manner, for example through the line manager or HR department.
- Other external whistleblowing channels. The government has appointed a number of authorities to receive, follow up and provide feedback on reports of wrongdoing through external reporting channels within its designated area of responsibility. The full list of responsible authorities can be found below in the Act on the protection of persons who report misconduct (2021:949).