TerraLex Cross-Border Guide to Global Crisis Management Regulatory Guide

Welcome to the TerraLex global crisis management regulatory guide

When a crisis hits your organisation, you need to take action quickly. What practical steps can you and your team take to minimize the impact on your business? What are your reporting requirements in the relevant jurisdiction(s)? What legislation applies there?

Our guide provides you with the answers to these questions in relation to key jurisdictions and it supports your understanding of the relevant local legal framework. It also provides high level practical guidance for those crucial first 72 hours, together with contact details of the local TerraLex firm for when you need specialist advice.

A crisis, by its nature, is both serious and unexpected and your response and actions within the first 72 hours will most likely define its impact on your organisation.

It is therefore important to have in place robust procedures that, if followed, will help minimize the adverse consequences.

The crisis checklist below includes next steps which are common across all jurisdictions. Please refer to the chapter for the relevant jurisdiction for more detailed guidance on your obligations in that country.

How to Use: You can use the tools below to create bespoke reports for the jurisdiction(s) and topic(s) covered. Click into single jurisdiction for one location or use the compare tool to compare multiple jurisdictions. Select the jurisdictions and topics of interest to create your unique report. You also have the option to print or download using the ellipsis button in the top right corner.

Finland Global Crisis Management Regulatory Guide Guide

Firms:
Waselius
Date posted:
08/10/2022
Last update:
09/10/2022

Data breach

On discovering a data breach, which regulators or other government agencies should be notified?

List: - Office of The Data Protection Ombudsman (data breaches concerning personal data)

  • Finnish Transport and Communications Agency (data breaches concerning networks)

What legislation, relating to both criminal offences and civil wrongs, covers such a breach?

List: - General Data Protection Regulation (2016/679 EU)

  • Data Protection Act (as of 1 January 2019)

  • Information Society Code (Act 914/2014 as amended)

  • Criminal Code (Act 39/1889 as amended)

"Dawn" raids

What agencies have the power to conduct dawn raids on private sector companies? What legislation gives those agencies the power to undertake those inspections?

The following agencies have the power to conduct unannounced inspections on private sector companies: - The Finnish Competition and Consumer Authority (competition matters): Competition Act (Act 948/2011 as amended)

  • The Finnish Tax Administration (tax matters): Tax Procedure Act (Act 1558/1995 as amended)

  • The Finnish Customs (customs and tax matters): Customs Act (Act 304/2016 as amended)

  • The Finnish Safety and Chemicals Agency (product safety and chemical matters): Safety and Chemicals Agency Act (Act 1261/2010 as amended)

  • The Finnish Food Safety Authority, Regional State Administrative Agencies and Municipal Food Control (food matters): Regional State Administrative Agencies Act (Act 896/2009 as amended), Food Act (Act 23/2006 as amended)

  • The Police of Finland – National Bureau of Investigation and Local Police Departments (criminal matters): Criminal Investigation Act (Act 805/2011 as amended), Police Act (Act 872/2011 as amended)

  • Centres for Economic Development, Transport and the Environment as well as Municipal Environment Protection Authorities (environmental matters): Act on Centres for Economic Development, Transport and the Environment (Act 897/2009 as amended), Environmental Protection Act (Act 527/2014 as amended), Waste Act (Act 646/2011 as amended) and Water Act (Act 587/2011 as amended).

On what bases, including privilege and/or confidentiality, may organisations refuse to permit the seizure of documents?

List: - Legal privilege, ie correspondence with an external lawyer, in competition matters.

  • Administrative inspections are in principle carried out on the spot, and the seizure of documents for further inspection requires specific stipulations in the law authorising the seizure. The seizure is authorised by law in eg tax audits.

Whistleblowing

What are the circumstances under which an employee is entitled to protection when reporting an alleged wrongdoing?

List: - The Finnish Government is preparing legislation that protects the employee as whistleblower in cases where the employee reports any wrongdoings in good faith.

  • Legitimate whistleblowing does not constitute a ground for termination of the employment or other disciplinary action.

  • Most of the whistleblowing takes place anonymously. Many larger Finnish companies have digital channels that make anonymous whistleblowing possible.

What legislative protection does that employee enjoy?

List: - Fundamental and human rights, eg freedom of expression.

  • Protection of the source of information when providing information to the media.

  • Legitimate whistleblowing does not constitute a ground for termination of the employment or other disciplinary action.

  • National legislation implementing the EU Whistleblowing directive is expected to be enacted in 2021 whereby whistleblowing employees will be granted protection against any retaliation.

Anti-bribery and corruption

What are the main anti-corruption laws and regulations in your jurisdiction?

Criminal Code (Act 39/1889 as amended).

Does the legislation have extra-territorial effect?

Yes.

What are the main enforcement bodies?

The Prosecution Service and the General Courts.

Internal investigations

Is there any duty to report the issue, for example to a regulator?

List: - Suspicion of serious offences must be reported pursuant to the Criminal Code (Act 39/1889 as amended).

  • A reporting obligation may also follow from other sector specific legislation.

What is the protection from disclosure for documents generated as part of the investigation (for example, privilege)?

There is no specific protection. Documents must be disclosed if there is a duty to disclose under law, eg if the issue must be reported.

Is the advice given by an in-house lawyer in relation to the investigation privileged and/or confidential?

List: - Advice given by in-house lawyers does not enjoy legal privilege in competition matters.

  • Otherwise, the application of legal privilege to advice given by in-house lawyers is somewhat unclear.

Disclaimer: This guide contains summaries of general principles of law. It is not a substitute for specific legal advice and should not be relied upon in relation to the application of the law or subject matter covered.