SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
utes to be taken, nor any stipulation that they should be taken by a specific person or signed by the partici - pants. The need for formal minutes depends on the individual situation, but the interviewers’ own notes are normally sufficient as a basis for the investiga - tion. If there are any unclear circumstances, an inter - viewee has made an unclear or ambiguous statement, or a confession has been made during the interview, it is recommended that the interviewee be asked to approve such statements afterwards. In general, it is advisable to take minutes during any interviews in an HR internal investigation. Note that specific requirements regarding minutes and the signing thereof apply with regard to reports made orally within the framework of the Whistleblowing Act (2021:890). 3.10 Recording Interviews may be recorded; indeed, this is a stand - ard and practical procedure. The recording is normally used solely for the investigator’s own purposes and is not shared with anyone else. If the interview is to be recorded, the interviewee should be informed and asked to consent to this beforehand. If the interview - ee does not consent to the recording, no recording should be made. Any recording and subsequent han - dling thereof must comply with the rules and princi - ples of personal data processing under the GDPR; please see 7.1 Collecting Personal Data . 3.11 Other Fact-Finding There may be other evidence that is deemed appro - priate to gather within the scope of the investigation, depending on its nature. This may include written evi - dence such as email correspondence, text messages or internal chats. Such evidence can often be provid - ed by the reporter or a witness. In other cases, it may be necessary to review the respondent’s email and retrieve evidence therein. Other possible fact-finding actions include reviewing the relevant internal regula - tions, code of conduct and other relevant policies or documents. If the investigation concerns disloyal behaviour, such as competition with the employer’s business, misap - propriation of trade secrets or other irregularities, it may be necessary to seek external expertise in com -
puter forensics and/or engage an auditor to review the company’s accounts. Any collection and processing of personal data, and the subsequent handling thereof, shall comply with the rules and principles of personal data processing under the GDPR; please see 7.1 Collecting Personal Data . 4. Protection of the Parties During an HR Internal Investigation 4.1 Protection of the Reporter For reports that fall under the Whistleblowing Act (2021:890), the reporter is protected through confi - dentiality requirements, pursuant to which individuals involved in the follow-up of the report may not dis - close the identity of the reporter unless such disclo - sure is necessary and proportional for the purposes of the follow-up. Additionally, employees who participate in such investigations are entitled to not be subjected to any retaliation related to the fact they have raised an alert or participated in an investigation. Examples of retaliatory actions include harassment, bullying, side - lining and related actions that may impact on career progression. A reporter that intentionally reports false information does not obtain protection as a whistle- blower. Reporters that report violations of the Discrimination Act (2008:567), have been subject to harassment or sexual harassment and/or have participated in investi - gations are protected from retaliation by the employer. Employers who expose employees to, or fail to protect employees from, retaliation under the Whistleblowing Act or the Discrimination Act may be obligated to pay damages and/or discrimination compensation to the affected person. Following the work environment responsibility stipulat - ed in the Swedish Work Environment Act (1977:1160) and the provisions issued by the Swedish Work Envi - ronment Authority, employers are responsible for the well-being of their employees, and are obliged to ensure that they are not affected by ill health or exposed to other safety risks. Thus, if the reporter’s
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