Filing of signals under the Whistleblowing Legislation
DIRECTIVE (EU) 2019/1937 on the protection of persons who report breaches of Union law and its national transposition legislations in Belgium, Italy and Bulgaria (the “Applicable Laws”), aim to ensure the protection of individuals in the public and private sectors who file reports or publicly disclose information about violations of national legislation or acts of the European Union, which became known to them during or on the occasion of the performance of their work or official duties, or in another work context.
Effortel commits to safeguarding whistleblowers from any form of retaliation. This encompasses protection from retaliation in the form of an adverse employment action such as termination, salary reductions, or poor work assignments and threats of physical harm.
The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is subject to investigation.
An individual falling within the scope outlined in the section hereunder, who becomes aware of a violation of the law, as described herein, can report it to the whistleblowing team of Effortel, through the channel outlined in this Policy. The signaling of false information is subject to administrative criminal liability under the Applicable Laws.
Who can signal a violation?
The principles set out in this Policy apply to all of those who are, or have been, in a work-related context with Effortel, including:
- employees, including trainees/students,
- subcontractors/self-employees/consultants,
- persons subject for recruitment,
- volunteers,
- shareholders and management who are active in the company, and
- other persons who are/have been in a work-related context with Effortel, under its control or management.
What should the signal contain?
- your three names, address and telephone number, and an email address if you have one;
- the names of the person against whom the report is filed and his workplace;
- specific data and description of the violation, place and period of its commission, as well as other circumstances, as far as they are known to you;
- the date of the signal and your signature, whether electronic or other means allowing your identification.
You can use the form prepared by the national authority of your country to register a signal:
The report should be accompanied by any type of information sources supporting the statements made in it, and/or reference to documents, including the indication of data on persons who could confirm the reported data or provide additional information.
Proceedings are not initiated based on anonymous reports.
What signals are accepted?
At the specified email address and phone, signals are accepted for:
- violations of national legislation or acts of the European Union in the field of:
a) public procurement;
b) financial services, products and markets and the prevention of money laundering and terrorist financing;
c) product safety and compliance;
d) safety of transport;
e) environmental protection;
f) radiation protection and nuclear safety;
g) food and feed safety, animal health and humane treatment;
h) public health;
i) consumer protection;
k) the protection of privacy and personal data;
l) the security of networks and information systems;
m) the rules for payment of due public state and municipal receivables;
n) labor legislation;
o) the legislation related to the performance of public service. - violations that affect the financial interests of the European Union within the meaning of Art. 325 of the Treaty on the Functioning of the European Union;
- violations of the rules of the internal market within the meaning of Art. 26, paragraph 2 of the Treaty on the Functioning of the European Union, including the rules of the European Union and national legislation on competition and state aid;
- violations related to cross-border tax schemes, the purpose of which is to obtain a tax advantage that is contrary to the object or purpose of the applicable law in the field of corporate taxation;
- committed crime of a general nature, about which the reporting person found out in connection with the performance of his work or in the performance of his official duties.
To what signals do the Applicable Laws not apply?
Applicable Laws do not apply to reports of violations:
- for irregularities or dissatisfaction of customers-users of provided services;
- the rules for awarding public contracts in the field of defense and national security, when they fall within the scope of Art. 346 of the Treaty on the Functioning of the European Union;
- the protection of classified information;
- which have become known to persons exercising a legal profession and for whom there is an obligation by law to protect professional secrecy;
- the confidentiality of health information;
- the secrecy of the judicial conference;
- the rules of criminal proceedings;
- anonymous signals;
- alerts relating to violations committed more than two years ago.
How are the signals handled?
Secrecy of investigations
The whistleblowing team holds sole authority for conducting internal investigations and carries out its duties with impartiality and independence. Access to documents and information gathered within investigations will be prohibited to individuals outside the whistleblowing team. However, during the investigation process, the whistleblowing team may seek information and expertise from other individuals within or outside the company, such as experts. In such instances, these individuals are also bound by obligations of secrecy and confidentiality.
Personal data processing
Personal data collected during the investigation process will be processed in accordance with the General Data Protection Regulation (GDPR) and will not be kept longer than necessary, taking into consideration the purpose of the processing. It shall be deleted after two (2) years following finalized investigation.
Information and feedback
Within seven (7) days following reporting, a confirmation of reception will be sent to you.
Reporting channels
Internal
Signals made via telephone can be submitted during working hours. In conformity with the law, the conversation will be recorded and stored for the purposes of the investigation.
External
The competent authorities responsible for receiving external reports and providing necessary information and follow-up are the following:
External reporting also includes protection from retaliation and is covered by rules on confidentiality.
Where the subject-matter of the report falls within the area of expertise of an EU institution, you may also report directly to such institution.
You can use the form prepared by the national authority of your country to register a signal: