FAQ - Frequently asked questions

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.

A case with the NCP can lead to a range of outcomes, which will largely depend on parties’ willingness to engage in good faith in the process. Good faith engagement notably means participating with the genuine intent of finding a solution to the issues raised. This is a key expectation from companies under the Guidelines.

Through mediation, NCPs have helped companies and stakeholders reach agreements involving topics like changes to a company's policies, agreements between the parties to collaborate in the future on the raised concerns, or remedy for the harm caused.

Even if no agreement is reached, the NCP will generally make recommendations to the parties on how to address issues, in line with the expectations set by the Guidelines. Recommendations are non-binding.

The NCP will generally follow up after some time on whether agreements and recommendations have been implemented, and may issue an additional statement with its conclusions. All cases handled by NCPs in the past are documented in a public database maintained by the OECD.

The NCP is not a court and has no enforcement or investigative powers. While there is a general expectation under the Guidelines that companies engage in good faith in the process, a NCP cannot compel a company to participate, require the company to take measures to address the issues, or impose any sanctions.

While NCPs may collect more information about a case (“fact-finding”), they cannot force a company to provide documents or other information.