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Whisstleblower Portal.

https://grouppeeters.sdwhistle.com/en/home

1. Introduction

Pursuant to the Act of 28 November 2022 on the protection of reporters of breaches of Union or national law established within a legal entity in the private sector, which in turn constitutes a transposition of the European Whistleblower Directive 2019/1937, any person who has obtained information about serious issues relating to possible irregularities or misconduct within a private undertaking in a work-related context must be given the opportunity to report these irregularities or breaches.

The application of this whistleblower policy within Peeters OIW NV & Gentals NV fits within these specific legal obligations, the non-compliance with which may entail the liability of the undertaking, and within the legitimate interest of the undertaking to bring to light all unlawful, fraudulent or other prohibited practices within the undertaking in order to be able to take adequate measures against them.

This whistleblower policy therefore aims to provide employees and third parties with transparency regarding the existing channels to report such (alleged) irregularities within the undertaking without having to follow the normal hierarchical route.

In this way, the undertaking wishes to act against any unlawful, fraudulent or other prohibited practices or acts that fall under the control of the undertaking, to guarantee an independent and confidential investigation and to avoid any conflicts of interest. This policy does not imply an obligation to report, but rather a possibility for employees of the undertaking to report irregularities within the undertaking subject to the application of certain safeguards.

2. Definitions

For the purposes of this policy, the following definitions apply:

  • “information on breaches”: information, including reasonable suspicions, about actual or potential breaches that have occurred or are very likely to occur, as well as about attempts to conceal such breaches;
  • “report” or “to report”: the oral or written communication of information on breaches;
  • “internal report”: the oral or written communication of information on breaches within a legal entity in the private sector;
  • “external report”: the oral or written communication of information on breaches to the federal coordinator or to the competent authorities;
  • “public disclosure” or “to publicly disclose”: making information on breaches accessible to the public;
  • “reporter” or “whistleblower”: a person who reports or publicly discloses information on breaches;
  • “work-related context”: current or past professional activities in the private sector through which, irrespective of the nature of those activities, persons may obtain information on breaches and where those persons may suffer retaliation if they were to report such information;
  • “facilitator”: a natural person who assists a reporter in the reporting process and whose assistance must be confidential;
  • “person concerned”: a natural or legal person who is mentioned in the report or in the public disclosure as the person to whom the breach is attributed or with whom that person is associated;
  • “retaliation”: any direct or indirect act or omission following an internal or external report or public disclosure, which leads or may lead to unjustified detriment to the reporter;
  • “anonymous report”: a report of which no one, not even the recipient, knows the identity of the author.

3. Scope

3.1 Personal scope

This policy applies to reporters who have obtained information on breaches in a work-related context. This means that the reporting channels and protection mechanisms listed below are open to, inter alia:

  • Current employees
  • Former employees where information on breaches was obtained in the context of the now terminated employment relationship
  • Candidate employees where information on breaches was obtained during the recruitment procedure or other pre-contractual negotiations
  • Self-employed persons working within the organisation (such as freelancers, consultants, etc.)
  • Shareholders and persons belonging to the administrative, management or supervisory body of the undertaking, including members not involved in day-to-day management
  • Anyone working under the supervision and direction of contractors, subcontractors and suppliers
  • Third parties connected to reporters who may become victims of retaliation in a work-related context, such as colleagues or family members of the reporter

3.2 Material scope

The reporting channels may be used to report the following breaches:

1° Breaches relating to the following areas:

  • Public procurement;
  • Financial services, products and markets, prevention of money laundering and terrorist financing;
  • Product safety and product conformity;
  • Transport safety;
  • Environmental protection;
  • Radiation protection and nuclear safety;
  • Food and feed safety, animal health and animal welfare;
  • Public health;
  • Consumer protection;
  • Protection of privacy and personal data, and security of network and information systems;
  • Combating tax fraud;
  • Combating social fraud.

2° Breaches affecting the financial interests of the Union as referred to in Article 325 of the Treaty on the Functioning of the European Union and further explained in relevant Union measures and, where applicable, in national implementing provisions;

3° Breaches relating to the internal market, as referred to in Article 26(2) of the Treaty on the Functioning of the European Union, including breaches of Union competition and State aid rules.

The following do not fall within the scope of this whistleblower policy:

  • Complaints relating to violence, bullying and unwanted sexual behaviour, which an employee who believes to be a victim of such acts may submit to the confidential counsellor designated for that purpose in the work regulations or to the psychosocial prevention adviser of the external service for prevention and protection at work;
  • Reports relating to classified information;
  • Reports based on information covered by medical professional secrecy;
  • Reports based on information covered by the secrecy of judicial deliberations.

4. Reporting Channels

4.1 Internal Reporting Procedure

4.1.1 Internal report

An employee (in the broad sense of the word; see above “Personal scope”) who believes that an irregularity has occurred may submit a report via a secure internal reporting channel, which enables dialogue between the reporter and the confidential counsellor/reporting manager. The report may be submitted via the following URL:
https://grouppeeters.sdwhistle.com/en/home

The following persons have been designated as reporting managers of the undertaking:

  • Goedroen Osaer, HR Manager – goedroen.osaer@grouppeeters.com – +32 3 200 37 28
  • Bram Van Beuman, HR Business Partner – bram.vanbeeumen@grouppeeters.com – +32 3 200 37 31

The employee who submits a report via the internal reporting channel may also do so anonymously.

The existence of the internal reporting channel does not prejudice the employee’s right to consult his/her staff representative and/or trade union regarding his/her rights and obligations before submitting a report, should he/she deem this useful.

The reporting manager who receives a report sends an acknowledgement of receipt to the reporter within seven working days of receipt.

The reporting manager registers the report with the date on which it was received and is the only person who knows the identity of the reporter. The confidentiality of the identity of the reporter and of any third parties mentioned in the report is always guaranteed (i.e. the identity is known only to the reporting manager). Unauthorised staff members do not have access to the internal reporting channel. If there are any ambiguities in the initial report, the reporting manager will request clarification.

The reporting manager is responsible for the careful follow-up of each report. He verifies the accuracy of the statements made in the report and, where necessary, addresses the reported breach, inter alia by means of measures such as an internal preliminary investigation, an investigation or the termination of the procedure.

As soon as possible, and at the latest three months after the acknowledgement of receipt of the report, or, if no acknowledgement of receipt was sent to the reporter, three months after the expiry of the period of seven days after the report, the reporting manager provides the reporter with information on the follow-up measures planned or taken and on the reasons for such follow-up.

4.1.2 Investigation and decision procedure

Upon receipt of the report, the reporting manager initiates an investigation into the alleged irregularities.

In that capacity, the reporting manager is authorised to conduct an independent investigation within the undertaking.

The reporting manager hears the person or persons about whom it was reported that they were involved in the alleged irregularities.

The reporting manager gathers information and consults the sources necessary in the context of that investigation. In this way, the reporting manager seeks to verify the alleged irregularities reported by the reporter.

When informing and reporting, the reporting manager does not disclose either the identity of the reporter or the identity of any third parties mentioned in the report.

The reporting manager reports his findings in writing to the executive committee or the Board of the undertaking. Only if the report concerns a member of the executive committee is the report addressed to the Chair of the Board.

The executive committee (or the Board) takes a decision and adopts any measures on the basis of the report of the reporting manager.

The reporter and the accused person or persons are informed of the closure of the investigation.

4.1.3 Safeguards

The reporting and handling of a report are carried out in compliance with secrecy and confidentiality.

The identity of the reporter shall in no case be disclosed, without his/her free and explicit consent, to persons other than the authorised staff members competent for receiving or following up on reports. This also applies to all other information from which the identity of the reporter may be directly or indirectly inferred.

Derogation from this principle is only possible where this constitutes a necessary and proportionate obligation under specific legislation in the context of investigations by national authorities or judicial proceedings, inter alia in order to safeguard the rights of defence of the person concerned. In this case, reporters shall be informed before their identity is disclosed, unless such information would jeopardise the related investigations or judicial proceedings.

The reporter is requested to undertake to treat his/her report confidentially and not to disclose it, either directly or via third parties, until the governing body of the undertaking has communicated the termination of the investigation.

4.1.4 Registration of reports

The undertaking maintains a register of each report received, in accordance with the applicable confidentiality requirements. Reports are retained for the duration of the contractual relationship.

If a telephone line without call recording or another voice messaging system without call recording is used for reporting, the undertaking reserves the right to record the oral report in the form of an accurate report of the conversation, drawn up by the staff member responsible for handling the report. The reporter always has the opportunity to check, correct and approve the report of the conversation.

If a person requests a meeting with the reporting manager in order to submit an internal report, the undertaking ensures, subject to the reporter’s consent, that a full and accurate report of the meeting is kept in a durable and retrievable form. This report is drawn up by the staff member responsible for handling the report. The reporter always has the opportunity to check, correct and approve the written record of the report of the meeting.

4.1.5 Right to protection of privacy

Any processing of personal data in the context of a report, including the exchange or transfer of personal data by the competent authorities or the federal coordinator, shall be carried out in accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and the statutory provisions on the protection of natural persons with regard to the processing of personal data. Personal data that are clearly not relevant for the handling of a specific report are not collected, or, if inadvertently collected, are immediately erased.

The name, function and contact details of both the reporter and any person to whom the protection and support measures extend, as well as of the person concerned, including, where applicable, the enterprise number, are retained until the reported breach has become time-barred.

Each of these persons may invoke the right of access and rectification of the data processed relating to him/her in accordance with the General Data Protection Regulation (GDPR). They may also address themselves to the Data Protection Authority for this purpose.

4.2 External Reporting Procedure

An employee may also report information on breaches by using the external reporting channels and procedures after having first made a report through the internal reporting channels, or by immediately making a report through the external reporting channels.

4.2.1 Competent authorities

The authorities competent to receive reports, provide feedback and ensure follow-up in relation to reports are the following:

1° the Federal Public Service Economy, SMEs, Self-Employed and Energy;
2° the Federal Public Service Finance;
3° the Federal Public Service Public Health, Safety of the Food Chain and Environment;
4° the Federal Public Service Mobility and Transport;
5° the Federal Public Service Employment, Labour and Social Dialogue;
6° the Federal Public Service for Social Integration, Poverty Reduction, Social Economy and Metropolitan Policy;
7° the Federal Agency for Nuclear Control;
8° the Federal Agency for Medicines and Health Products;
9° the Federal Agency for the Safety of the Food Chain;
10° the Belgian Competition Authority;
11° the Data Protection Authority;
12° the Authority for Financial Services and Markets;
13° the National Bank of Belgium;
14° the College for the Supervision of Statutory Auditors;
15° the authorities referred to in Article 85 of the Act of 18 September 2017 on the prevention of money laundering and terrorist financing and on the limitation of the use of cash;
16° the National Committee for the Security of the Supply and Distribution of Drinking Water;
17° the Belgian Institute for Postal Services and Telecommunications;
18° the National Institute for Health and Disability Insurance;
19° the National Institute for the Social Insurance of the Self-Employed;
20° the National Employment Office;
21° the National Social Security Office;
22° the Social Intelligence and Investigation Service;
23° the Autonomous Anti-Fraud Coordination Service (CAF);
24° the Shipping Control Authority.

In the absence of designation, or if no authority considers itself competent to receive a report, the Federal Ombudsman shall act as the competent authority for receiving reports, providing feedback and ensuring follow-up in relation to reports.

4.2.2 Procedures for external reports to the Federal Coordinator and the competent authorities

An employee who believes that an irregularity has occurred may submit a report to the competent authority or to the Federal Ombudsman.

Each authority establishes an independent and autonomous external reporting channel for receiving and handling information on breaches. The external reporting channels offer the possibility to submit reports in writing and orally. Oral reporting is possible by telephone or via other voice messaging systems and, at the request of the reporter, by means of a physical meeting within a reasonable timeframe.

The designated competent authorities determine, by means of a regulation or circular, specific procedural rules for the receipt and handling of reports.

The competent authority always sends an acknowledgement of receipt of the report within seven days of receipt, unless the reporter expressly requests otherwise or unless the competent authority reasonably considers that an acknowledgement of receipt would jeopardise the protection of the reporter’s identity.

The competent authority carefully follows up on reports, including anonymous reports, and provides the reporter with feedback within a reasonable period of no more than three months or, in duly justified cases, six months, unless a statutory provision prevents this.

The competent authority informs the reporter of the final outcome of the investigations following the report, in accordance with the applicable national provisions.

Any authority that has received a report but is not competent to handle the reported breach forwards the report within a reasonable period and in a secure manner to the federal coordinator, who in turn forwards it to the competent authority and promptly informs the reporter of this transfer.

If the authority that has received the report is aware that other authorities are also competent, the report is forwarded within a reasonable period and in a secure manner to the federal coordinator, who forwards it to the competent authorities and ensures coordination.

The external reporting channels must at all times comply with the requirements of independence and autonomy. This means that they meet each of the following criteria:

1° by their design, setup and management, the channels ensure the completeness, integrity and confidentiality of the information and are not accessible to unauthorised staff members of the competent authority;
2° they offer the possibility to store information in a durable manner for the purposes of further investigations;
3° the procedures applicable to the reporting of breaches, including the manner in which the competent authority may request the reporter to clarify the reported information or provide additional information, the provision of feedback and, where applicable, the timeframe for providing feedback as well as the type and content of such feedback;
4° the confidentiality rules applicable to reports, and in particular the information on the processing of personal data in accordance with Article 21 of this Act, Articles 5 and 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), Article 13 of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data and repealing Council Framework Decision 2008/977/JHA, and Article 15 of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, as applicable;
5° the manner in which follow-up to reports is provided;
6° the remedies and procedures for protection against retaliation and the availability of confidential advice for persons considering making a report;
7° a statement clearly explaining the conditions under which persons who submit reports to the competent authorities are protected against incurring liability for a breach of confidentiality rules; and
8° the contact details of the federal coordinator and of the Federal Institute for the Protection and Promotion of Human Rights.

4.3 Public disclosure

In addition to the possibility of making a report via the internal reporting channel or the external reporting channels, any person has the possibility to publicly disclose information relating to a breach.

A reporter who makes a public disclosure qualifies for the protection set out below under this policy if:

1° the employee first made an internal and external report, or immediately made an external report, but no appropriate measures were taken in response to that report within the specified time limits;
2° the employee has reasonable grounds to believe that:
a) the breach may constitute an imminent or actual danger to the public interest; or
b) in the case of an external report, there is a risk of retaliation, or it is unlikely that the breach will be effectively remedied due to the particular circumstances of the case, for example because evidence may be concealed or destroyed, or an authority may collude with the perpetrator of the breach or be involved in the breach.

5. Protection of the reporter

5.1 Conditions

Where a reporter:

  • had reasonable grounds to believe that the reported information on breaches was accurate at the time of reporting and that such information fell within the scope of this policy (this first criterion is assessed from the perspective of a person in a comparable situation and possessing comparable knowledge); and
  • reported information internally or externally in accordance with the applicable procedures, or publicly disclosed information in accordance with the applicable procedures;

he/she shall benefit from specific protection against retaliatory measures.

The reporter does not lose the benefit of protection solely on the ground that a report made in good faith is found to be inaccurate or unfounded.

Facilitators and third parties connected to reporters also qualify for the protection measures set out below, provided that they had reasonable grounds to believe that the reporter fell within the scope of protection of this policy.

5.2 Protective measures against retaliation

Where the reporter, facilitator or third party connected to the reporter meets the above conditions, he/she benefits from protection against any form of retaliation, including threats of and attempts at retaliation. Retaliation includes the following measures:

1° suspension, temporary lay-off, dismissal or similar measures;
2° demotion or refusal of promotion;
3° transfer of duties, change of workplace location, salary reduction, change of working hours;
4° withholding of training;
5° negative performance assessment or employment reference;
6° the imposition or application of a disciplinary measure, reprimand or other sanction, such as a financial penalty;
7° coercion, intimidation, harassment or exclusion;
8° discrimination, adverse or unequal treatment;
9° failure to convert a temporary employment contract into an employment contract of indefinite duration, where the employee had a legitimate expectation that an employment relationship of indefinite duration would be offered;
10° non-renewal or premature termination of a temporary employment contract;
11° damage, including reputational damage, in particular on social media, or financial loss, including loss of turnover and loss of income;
12° inclusion on a blacklist based on an informal or formal agreement for an entire sector or industry, as a result of which the person can no longer find employment in the sector or industry;
13° early termination or cancellation of a contract for the supply of goods or services;
14° withdrawal of a licence or permit;
15° psychiatric or medical referrals.

No civil, criminal or disciplinary proceedings may be initiated against persons who report information on breaches or make a public disclosure in accordance with this policy, nor may professional sanctions be imposed on account of such reporting or public disclosure.

Reporters may not be held liable for the acquisition of or access to the information that is reported or publicly disclosed, unless such acquisition or access in itself constituted a criminal offence.

Any protected person who considers himself/herself to be a victim of or threatened with retaliation may submit a reasoned complaint to the federal coordinator, who initiates an out-of-court protection procedure in accordance with Article 26 et seq. of the Act of 28 November 2022 on the protection of reporters of breaches of Union or national law established within a legal entity in the private sector.

Without prejudice to any other administrative or out-of-court remedy, any protected person has the right to bring proceedings before the labour court in the event of retaliation in accordance with Article 578 of the Judicial Code.

5.3 Support measures

Every protected person has access to support measures, including in particular:

1° comprehensive and independent information and advice, which are easily and free of charge accessible, on the available remedies and procedures that provide protection against retaliation, as well as on the rights of the person concerned, including his/her rights with regard to the protection of personal data; the reporter must furthermore be informed that he/she qualifies for the protection measures provided for under this Act;
2° technical advice with regard to any authority involved in the protection of the reporter;
3° legal aid in cross-border criminal and civil proceedings in accordance with Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in proceedings for the execution of a European arrest warrant, and Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, as well as legal assistance in other proceedings and legal advice or other legal assistance, in accordance with the provisions on second-line legal aid and legal assistance;
4° support measures, including technical, psychological, media-related and social support, for reporters;
5° financial assistance to reporters in the context of judicial proceedings.

Every protected person may also at any time contact the Federal Institute for the Protection and Promotion of Human Rights for legal, psychological, social, IT and communication support. The Federal Institute is also the central information point regarding the protection of whistleblowers.

Details:
Federal Institute for the Protection and Promotion of Human Rights
Leuvenseweg 48, 1000 Brussels – E-mail: https://federaalinstituutmensenrechten.be/en/accueil

6. Sanctions

Any employee who violates the rules of this policy may be sanctioned with one of the sanctions determined by the work regulations.

An employee who has intentionally made a manifestly unfounded report and has thus unlawfully made use of the reporting procedure of this whistleblower scheme may also be sanctioned with one of the sanctions determined by the work regulations.

Persons connected to the undertaking who do not have the status of employee of the undertaking and who violate the obligations laid down in this whistleblower scheme may be sanctioned by the undertaking with a disciplinary sanction.

In addition, reporters may be punished in accordance with Articles 443 to 450 of the Criminal Code where it is established that they have intentionally reported or publicly disclosed false information. Persons who suffer damage as a result of such reports or public disclosures are entitled to compensation measures in accordance with contractual or non-contractual liability.

Als je wil, kan ik dit rechtstreeks samenvoegen met de eerder vertaalde hoofdstukken tot één consistente Engelstalige policy (klaar voor publicatie).