SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
• harassment, which is defined as behaviour that violates someone’s dignity and is related to any of
employees in filing a police report if they have been the victim of a crime. It should further be noted that the GDPR stipulates that personal data relating to criminal offences, as well as suspicions thereof, may as a general rule not be processed unless such processing is required under applicable statutory provisions, or is necessary to establish or defend a legal claim or fulfil a legal obli - gation. When handling investigations that may involve crimes or suspicions thereof, it is important to review and evaluate, or prevent the disclosure of, any communi - cation that may constitute defamation. It should fur - ther be noted that employers are responsible for the well-being of their employees within the framework of their occupational health and safety responsibilities under the Swedish Work Environment Act (1977:1160) and the provisions issued by the Swedish Work Envi - ronment Authority. Therefore, employers are obliged to ensure that the employees are not exposed to dan - ger in connection with the investigation of crimes. 8.5 Multi-Jurisdictional HR Internal Investigations There are no specific requirements under Swedish law in the event of an investigation involving several jurisdictions, nor are there any restrictions on foreign employers conducting investigations in Sweden or on Swedish employers conducting investigations abroad. However, there may be less direct requirements or circumstances to consider, such as: • assessment of which jurisdiction’s law applies; • compliance with the local employment laws and statutes of limitation; • obligations to involve trade unions or work coun - cils; • consideration of local rules in relation to obtaining evidence; • the local approach to legal professional privilege; • compliance with rules in regard to the processing of personal data, and more specifically whether it is permissible to transfer personal data to a third country; and • any mandatory requirements in relation to filing reports or notifications to any local authority.
the protected characteristics; • inadequate accessibility; and • instructions to discriminate.
Regarding the protection of a person making allega - tions of harassment or other forms of discrimination, see 8.2 Sexual Harassment and/or Violence . The Work Environment Authority’s provision regarding Planning and Organisation of the Work Environment Management (2023:2) defines victimisation and bul - lying as actions directed at one or more employees in an offensive manner that may lead to ill health or exclusion from the work community. Swedish legisla - tion does not provide protection for employees bring - ing forward allegations concerning victimisation and bullying. 8.4 Criminal Cases There are no procedures that an employer must fol - low if an allegation subject to an investigation may be criminal. There are, however, several aspects that should be taken into account when conducting an investigation where there is suspicion that some form of crime has been committed. There may be a risk that evidence might be destroyed if the employer’s investigation and suspicions are dis - closed to the respondent. In such cases, it is advis - able to await any measure that could enable disclo - sure until the police have secured evidence, especially as the police have better resources at their disposal to do so. It is, however, important that the pace of the employer’s own investigation be maintained until it is completed. The investigation may also be of use to the police, or be used in connection with insur - ance claims or other liability issues, such as auditor liability. Please note that if the crimes concern money laundering, for example, disclosure to any suspect is prohibited, as stipulated in the Money Laundering and Terrorist Financing Prevention Act (2017:630). There is no general duty for employers to file a police report, unless there is a legal obligation to do so – eg, if the matter arises within the financial or healthcare sector. It is, however, generally recommended that a police report be filed, as is encouraging and assisting
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