How NCP Denmark handles complaints

Anyone can submit a complaint, whether it is an NGO with an interest in the matter, a trade union, a customer, an employee, a concerned individual, a politician, or a local community affected by an enterprise’s activities. 

When NCP Denmark receives the complaint, the submitter will receive a confirmation of receipt of the complaint, along with information on when to expect a response from NCP Denmark.

If the complaint falls within NCP Denmark’s mandate, NCP Denmark will carry out an initial assessment of the complaint based on the following criteria:

• The complaint meets the formal requirements
• The complaint falls within the statute of limitations
• The complaint concerns activities in Denmark or a Danish enterprise, authority or organisation
• The complaint is material
• There is a link between the activities of the enterprise, authority, or organisation and the issues raised
• The complaint is substantiated
• An examination of the issues contributes to the purpose and effectiveness of the OECD Guidelines
• Parallel procedures do not hinder NCP Denmark’s contribution to the resolution of the issues 

The submitter may use the template available on the NCP Website, but it is not a requirement.

NCP Denmark notifies the respondent about the complaint. 

Based on the initial assessment, NCP Denmark decides whether the issues raised in the complaint warrant further examination. It is important to note that, in Step 1, NCP Denmark does not make any determination on whether the OECD Guidelines have been observed. 

The complaint meets the formal requirements

The complaint must be submitted in writing with the following information:  

• The name and contact information of the person filing the complaint (the submitter) and their interest in the matter. If the submitter is complaining on behalf of others, this should be clearly described.
• The identity of the enterprise, authority, or organisation of concern (the respondent).
• A short and clear description of what the complaint entails (the issues).  

The complaint may be rejected if the purpose of the complaint is to harass the enterprise, authority, or organisation. 

The submitter cannot remain anonymous when submitting a complaint. However, if necessary, NCP Denmark can anonymise the complaint to other parties if there are concerns about reprisals.

The complaint falls within the statute of limitations

The Danish NCP Act includes a statute of limitations stating that NCP Denmark may only accept complaints that are brought to its attention no later than five years after the act or omission in question has ceased.

This means that if the enterprise or entity in question stopped the incident cited in the complaint or addressed the issue more than five years ago, NCP Denmark cannot handle the complaint. 

The complaint concerns activities in Denmark or a Danish enterprise, authority or organisation 

NCP Denmark handles cases that have taken place in Denmark or concern a Danish private and public enterprises, Danish authorities, or Danish private or public organisations, including their business relationships. 

A business relationship includes relationships with business partners, sub-contractors, franchisees, investee companies, clients, and joint venture partners, as well as entities in the supply chain that supply products or services contributing to the enterprise’s own operations, products, or services, or that receive, licence, buy, or use products or services from the enterprise, authority, or organisation. It also includes any other non-state or state entities directly linked to its operations, products, or services.

The complaint must involve alledged conduct on Danish soil or concern an enterprise, authority, or organisation domiciled in Denmark. Danish enterprises are normally registered in the Danish Central Business Register (CVR). 

For complaints against enterprises, authorities, or organisations that are not domiciled in Denmark, NCP Denmark will forward the complaint to the OECD national contact point in the country where the alledged conduct took place or where the enterprise is domiciled.

In some specific cases, the issues raised might take place in multiple adherent countries, concern multiple enterprises, or involve an enterprise with headquarters in one country and subsidiaries in multiple countries—both adherent and non-adherent. In these instances, NCP Denmark will coordinate with other NCPs.

The complaint is material

The complaint must concern a topic under the OECD Guidelines (for example, human rights, environment, employment, corruption, etc.), and should include a description of the issues related to the implementation of the OECD Guidelines. It is not a requirement, however, that the submitter references the specific chapter or paragraph of the OECD Guidelines.

Link between the activities of the enterprise, authority, or organisation and the issues raised

Based on the complaint, NCP Denmark assesses whether there appears to be a link between the activities of the enterprise, authority or organisation and the issues raised in the complaint. The link may be obvious if the issues raised are within the enterprise itself, for example, related to products or employees, but it might also be less obvious if the issues are related to the business relationships of the entity in question.

Non-observance of the Guidelines can occur directly through an enterprise’s, authority’s, or organisation’s own activities, or more indirectly through supply chains or business relationships. 

The complaint is substantiated

The submitter must enclose documentation when submitting a complaint.
NCP Denmark assesses whether the complaint is supported by sufficient and credible information. This could include a description of the issue, together with, for example, correspondence between the submitter and the respondent, investigations, photos, original documents, or video documentation.

NCP Denmark does not have an obligation to clarify the case beyond what it receives from the parties at this point, but it may ask for clarifications. If NCP Denmark assesses that the complaint lacks sufficient documentation, it may request further evidence. The Secretariat can offer guidance on what documentation to enclose.

An examination of the issues contributes to the purpose and effectiveness of the OECD Guidelines

This part of the assessment is broad and can encompass a wide range of issues related to the purpose of the OECD Guidelines. Guidance from the OECD suggests that NCPs can consider whether further examination of the issues described in the complaint would address the concerned enterprise’s potential adverse impacts on people, planet, and society. Additionally, NCPs may assess whether, more generally, it would enhance the contribution of businesses to sustainable development or economic, environmental, and social progress.

NCPs should also consider whether facilitating an exchange between the parties, discussing the issue and the expectations of the Guidelines, and/or developing meaningful recommendations could be an effective means to resolve the issues. 

Parallel procedures do not hinder NCP Denmark’s contribution to the resolution of the issues 

Parallel proceedings refer to situations where the same or similar issues are handled by other judicial or non-judicial institutions, domestically or internationally. This is not, in itself, a hindrance for NCP Denmark to handle the case, but it may result in partial acceptance of the complaint, suspension of an examination while the parallel proceedings are ongoing, or require coordination with other authorities.

The submitter should inform NCP Denmark about any known parallel proceedings at the time of submission. In such cases, NCP Denmark will assess whether it can contribute to resolving the issues raised without causing serious prejudice to the parties or resulting in contempt of court. 

Indicative timeframe for the initial assessment  

It is the aim of NCP Denmark to complete the preliminary investigation within two to three months, but this depends on a concrete assessment of the individual case and the need for coordination with other NCPs or authorities.

When NCP Denmark has carried out the initial assessment, it informs both parties whether the complaint has been accepted for further examination or rejected, and provides details on the next steps in the case handling.  

No publicity in Step 1

There is no publicity regarding the result of the initial assessment at this step of the case-handling process in accordance with the Danish NCP Act. 

If the initial assessment by NCP Denmark finds that the complaint warrants further examination, NCP Denmark will ask the parties (the submitter and the respondent) to attempt to resolve the matter between themselves.

If the parties do not wish to engage in dialogue without the involvement of NCP Denmark, or if they are unable to come to an agreement, the case-handling process will proceed directly to a preliminary investigation.

Indicative timeframe for the parties to solve the case on their own

NCP Denmark asks the parties to indicate within a timeframe of two weeks whether they wish to pursue this solution. If both parties agree to establish a dialogue, as a rule, they have two months to resolve the case on their own without the involvement of NCP Denmark. However, this depends on a concrete assessment of the individual case. 

No publicity in Step 2

If the parties resolve the case on their own, the case is closed without any public statement from NCP Denmark in accordance with the Danish NCP Act. 

If the parties are unable to reach a solution, a notice is published only after the conclusion of Step 3 – the preliminary investigation. If the case advances to Step 3, it becomes subject to the Danish Access to Public Administration Files Act once the case is concluded. 

If the parties do not resolve the matter themselves or do not wish to do so, the matter will proceed to a preliminary investigation. The purpose of the preliminary investigation is to establish whether the NCP can dismiss the alleged failure to observe the OECD Guidelines.

To do this, NCP Denmark normally asks both parties for further documentation of the facts in the case, usually with a deadline of four weeks.

Based on the preliminary investigation, NCP Denmark decides whether it will process the case any further and potentially offer to mediate between the parties. The parties are consulted before the partial decision is made and are given two weeks to comment on the preliminary investigation.

Indicative timeframe for the preliminary investigation 

It is the aim of NCP Denmark to complete the preliminary investigation within three to four months, but this depends on a concrete assessment of the individual case.

Limited publicity in Step 3

If the case is dismissed, a short description of the complaint and NCP Denmark’s reasons for rejecting the complaint is published on NCP Denmark’s website and LinkedIn account, without mentioning the identity of the parties, in accordance with the Danish NCP Act.

If NCP Denmark cannot dismiss the alleged failure to observe the OECD Guidelines, a short description, including the identity of the parties, is published together with basic information about the case and the alleged failure to observe the OECD Guidelines, as well as information on whether mediation or an investigation will be initiated.  

If the case cannot be dismissed after a preliminary investigation, NCP Denmark will – as a rule – offer the parties mediation. If NCP Denmark finds that one or more of the parties are unwilling to engage or to participate in good faith, the NCP will not offer mediation but will instead initiate an investigation (see Step 5).
If an offer of mediation from NCP Denmark has been made, the parties will have two weeks to decide whether to accept the offer. If the parties do not accept, the case will proceed to an investigation.  

What is mediation in NCP Denmark

Mediation is a way for NCP Denmark to offer its good offices to the parties. Mediation can be seen as “assisted negotiations”, where a third party – in this case NCP Denmark – helps the parties towards the settlement of a dispute to the satisfaction of both parties. It is a voluntary and non-judicial process, requiring both parties to engage in good faith aimed at searching for constructive and mutually agreed solutions compatible with the OECD Guidelines. 

Compared to an investigation, mediation is more flexible and generally less time consuming, while it also gives the parties’ greater control over the potential outcome. 

The Chair of NCP Denmark is responsible for the mediation and can act as a mediator. The Chair can also assign the task to other members of the NCP, or NCP Denmark may choose to appoint an external mediator in consultation with the parties. In cases involving external mediation, the Secretariat will formalise this through a contract with the mediators. If NCP Denmark appoints an external mediator, the NCP negotiates and pays the mediator’s salary. NCP Denmark may also cover expenditures such as pre-approved travel costs.  

The role of the mediator is to facilitate discussions and guide the parties to propose potential solutions. If an NCP member serves as a mediator and the parties do not reach an agreement, that member will not participate in any further examination of the case, unless both parties explicitly agree to this.  

Mediation normally takes place at the Danish Business Authority in Copenhagen, Denmark, as it hosts the Secretariat. Other locations can be considered. If physical mediation is not possible for all parties, for example due to fear of reprisals, the mediation may be conducted in a virtual, hybrid, or written format.  

The process of mediation

The process of mediation typically consists of two stages: pre-mediation and mediation. 

During the first stage, a mediator is chosen, and the appointed mediator discusses the framework of the mediation with the parties, either separately or jointly. The discussion can include scope, expectations, interests, format, etc., and should result in a signed mediation plan or contract. This plan does not constitute an agreement on the complaint but serves as a term of reference for the mediation process.

Then the actual mediation can begin. The mediator calls for one or more meetings to understand the issues of the complaint, find alignment and facilitate negotiation of an agreement. After each meeting, the mediator and the parties, in consultation with NCP Denmark, decide whether the mediation is fruitful and should continue.

Outcomes of mediation 

The outcomes of mediation vary and may cover all issues in the submission or only those specific issues on which the parties are able to reach agreement. The agreement may concern the future conduct of an enterprise, such as policies and procedures, and/or past conduct, such as acknowledgement of fault, remedy, and redress of harm. The agreement is made by the parties, and the only requirement from NCP Denmark is that the agreement is compatible with the OECD Guidelines.  

Indicative timeframe for the mediation 

A detailed timetable for the mediation process is prepared in collaboration with the parties. It is the aim of NCP Denmark that the mediation process is concluded within six months; however, this depends on a concrete assessment of the individual case.

Limited publicity in Step 4

If the parties reach an agreement, NCP Denmark publishes a statement with a short description of the mediation agreement and how the mediation results align with the OECD Guidelines.  
Before the statement is published, the parties recieve a draft statement and are given two weeks to submit comments. NCP Denmark will take the comments into account, and the statement is published on NCP Denmark’s website and LinkedIn profile.

An investigation is carried out if NCP Denmark finds that the complaint is not suitable for mediation, or if mediation has been offered but was not accepted or was unsuccessful.

The purpose of the investigation is to determine whether the OECD Guidelines have been observed and to potentially provide recommendations regarding actions to be taken for the respondent party to observe the Guidelines.

To do this, NCP Denmark may ask the parties for further information and documentation, usually with a deadline of four weeks. NCP Denmark may gather additional information and advice from external parties, as well as conduct interviews and field visits.

The investigation concludes with a final statement. The final statement will include a description of the complaint, the positions of the parties, and a timeline of the case proceedings. Furthermore, the final statement will describe NCP Denmark’s determinations regarding the observance of the Guidelines. It may include recommendations to the respondent on how to observe the Guidelines.

Indicative timeframe for the investigation 

It is the aim of NCP Denmark that the investigation process is concluded within six months, but this depends on a concrete assessment of the individual case.

Full publicity in Step 5

Before the final statement is published, the parties are provided with a draft of the statement and given two weeks to submit comments. NCP Denmark will consider the comments and finalise the statement before publishing it on its website.
NCP Denmark’s statements remain on the website for a maximum of five years from the date the final statement in the case is published.

NCP Denmark will follow up on the implementation of a mediation agreement or of recommendations made in a final statement, one year after the completion of a case.

NCP Denmark will contact the respondent to inquire as to whether the agreements or recommendations have been implemented. The relevant parties are usually given four weeks to respond to NCP Denmark’s questions. NCP Denmark may also offer a follow-up meeting.

If the respondent has not complied with NCP Denmark's recommendations, NCP Denmark will carry out annual follow-ups for a period of up to five years after the publication of the final statement.

NCP Denmark publishes a follow-up statement on the implementation. The parties receive a draft statement and are given two weeks to submit comments before the follow-up statement is finalised and published.

Indicative timeframe for the follow-up 

It is the aim of NCP Denmark that the follow-up process is concluded within three months, but this
depends on a concrete assessment of the individual case.

Full publicity in Step 6

If the respondent has complied with NCP Denmark’s recommendations, the follow-up statement replaces the original statement, and the original statement isremoved from the website. 

If the respondent has not complied with NCP Denmark's recommendations, the original statement remains on the website for an additional year, together with the follow-up statement, in which NCP Denmark explains why it considers that sufficient action has not been taken.

NCP Denmark’s statements remain on the website for a maximum of five years from the date the final statement on the case is published.

In OECD terminology, complaints or cases handled by NCPs are referred to as specific instances. 

It is free to submit a complaint to NCP Denmark. There is no complaints fee. 

In cases where a party requests support to safeguard their interests, NCP Denmark may appoint and pay for a representative or an adviser.

If the case is accepted for further handling after a preliminary investigation (Step 3), NCP Denmark will – as a rule – always offer the parties mediation (see Step 4). 

NCP Denmark may deem mediation unsuitable in the cases about severe violations or if it seems unlikely that the parties will participate in good faith and reach an agreement compatible with the OECD Guidelines. In such a case, the parties will not be offered mediation, and NCP Denmark will initiate an actual investigation instead (see Step 5).
 

As a general principle, the activities of the NCP will be transparent. Nonetheless, in specific instances, the NCP may establish confidentiality for certain aspects of the proceedings.

With respect to sharing information between parties in a complaint, NCP Denmark will make the parties aware of all relevant facts and arguments brought forward during the proceedings.

In line with the Danish Public Administration Act (Forvaltningsloven), NCP Denmark must ensure that each party is aware of the essential information that may affect the case—primarily information that may be disadvantageous to them. Relevant information is thus shared with the party concerned when necessary for the purpose of the right to be heard (partshøring).

If a party requests that information not be shared in full, NCP Denmark will make a specific assessment of whether considerations of confidentiality—e.g., protection of trade secrets or risk of reprisals—may justify withholding the information in whole or in part. In such cases, NCP Denmark will strive to share the information in an edited or anonymised form so that the obligation to ensure the right to be heard is fulfilled on a sound basis.

The Danish Access to Public Administration Files Act, ensures transparency in public administration by granting the public the right of access to documents held by public authorities, subject to the exceptions provided in the Act. This includes administrative documents relating to the handling of complaints as well as decisions made by NCP Denmark. Information may be exempt from access where this is necessary to protect individuals’ personal or financial circumstances. Additionally, information concerning commercial matters may, under certain conditions, be exempt from public access.

Cases handled by NCP Denmark are subject to the Access to Public Administration Files Act once the case proceedings are concluded. However, according to the Danish NCP Act, this does not apply to cases that are dismissed following an initial assessment or if the parties resolve the matter themselves, thereby concluding the case.