New legislation proposes increased freedom of speech protection for public sector employees

At a glance

• On 26 February 2025, the Danish Ministry of Employment submitted a bill on the Act about Public Employees’ Freedom of Speech (Bill).  
• The Bill regulates public sector employees’ freedom of speech.
• If the Bill is adopted, the legislation will enter into force on 1 July 2025. 

The Bill proposed on 26 February 2025 only applies to public sector employees; this means that employees employed by private companies will not be covered by the new provisions.

The Bill proposes that public sector employees must not face negative employment law consequences as a result of comments made on their behalf. Further, it provides that public employees must not be prevented, nor attempts made to prevent them, from making comments.

However, there are exemptions, including, for example, if the comment contains confidential information that is a criminal offence to disclose or exploit under the Danish Criminal Code on the duty of confidentiality for public employees, or to the extent that it is otherwise clear from other legislation that certain information cannot be disclosed.

If the Bill is adopted, the amendments will enter into force on 1 July 2025.