Act 2/2023 of 20 February 2023 regulating the protection of persons who report violations of the law and the fight against corruption ( “Law 2/2023”) has been in force since 13 March 2023. This legislation provides protection to individuals who report breaches of European or national law within a legal entity in the private sector.
Thus, certain companies in the private sector −among which AB-Biotics is included− must now have their own internal whistleblowing channel which gives employees, suppliers, and customers the opportunity to report breaches of legislation, anonymously or otherwise.
Such breaches may relate to consumer and competition law, environmental law, criminal law, labour law regarding occupational health and safety, financial regulation, money laundering, data protection, public health, etc.
Following the above, from now on possible breaches known within the AB-Biotics’ activity can be reported via an externally-managed electronic whistleblower system (service provider SD Worx), which guarantees the confidentiality of the identity of the whistleblower and the third parties mentioned in the report.
It is an accessible online tool which will be managed by four people appointed by the Board of Directors of AB-Biotics as designated managers of the internal information system to which the whistleblowing channel is a part of:
- Mr. Philip Claes (General Counsel and General Manager Legal – Kaneka Europe Holding Company),
- Mr. Takeshi Hayashi (General Manager Corporate Planning & Administration – Kaneka Europe Holding Company),
- Mrs. Ariana Salavert (Manufacturing site manager AB-Biotics), and
- Mrs. Carla Vicente (Head of tax AB-Biotics).
This secure reporting channel enables dialogue between reporter and managers and enables secure dialogue between the various managers. Reports can be made securely via this platform both nominatively or, if desired, anonymously.
AB-Biotics sees the new rules as an opportunity to create more internal company transparency. Thanks to this reporting channel, abuses will be detectable at an early stage.
N.B.: Day-to-day or ordinary complaints should still be addressed to your own or to a relevant department, to the HR department, or to a confidential counsellor appointed by AB-Biotics.
The whistleblowing system into practice
What kind of reports are involved?
Whistleblowers may observe and report the following (potential) breaches:
- Any type of breach of the European Union’s regulations, criminal offences or serious or very serious administrative infractions related to, among others, the following areas (either an act or failure to act) relating to:
- public contracts;
- 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 welfare;
- public health;
- consumer protection;
- privacy and personal data protection and network and information system security;
- combating tax fraud;
- combating social fraud.
Any breach of the statutory or regulatory provisions, the EU provisions with direct effect or the provisions adopted in implementation of the aforementioned provisions, fall within the scope of application of Law 2/20123;
- Breaches affecting the EU’s financial interests and breaches in connection with the EU single market (including breaches of EU rules on competition and State Aid).
AB-Biotics’ policy does not apply to daily or regular complaints that are traditionally submitted to one’s own department, the HR department, or a confidential counsellor appointed by AB-Biotics.
Why should I make a report?
Compliance with applicable laws and company rules, and the resulting ethical conduct, have the highest priority at Kaneka and AB-Biotics. That is why a whistleblowing system is provided for reporting serious breaches which are not followed up within AB-Biotics. It allows AB-Biotics to detect any abuses at an early stage, and to prevent or address any damage to employees and the company.
How do I report a breach?
The reporting process is simple.
You can report online by clicking on this link, which you can find on Factorial (employees) and on the AB-Biotics website: https://ab-biotics.sdwhistle.com/es/home .
N.B. This web page is hosted on a secure SD Worx server and is not part of the AB-Biotics website.
In both previous cases, you may choose to disclose your name or to remain anonymous when reporting your complaint.
Additionally, you can choose to communicate through a face-to-face meeting, which must take place within seven (7) days after you submit a written request.
Apart from the internal whistleblowing channel at AB-Biotics, you can also file your complaint or communication before the external official public authorities:
- At a local level, the Anti-Fraud Office of Catalonia (https://www.antifrau.cat/es/investigacion/denuncia.html). In this case, you can file your complaint:
- Online, by filling out the existing form and sending it by email to: analisi@antifrau.cat; or, after identifying yourself with a digital certificate (electronic signature), attaching it in the Report section of the electronic headquarters.
- In person, at the general registry of the Anti-Fraud Office of Catalonia (c/ Ribes 1-3, 08013 Barcelona, Monday to Friday, 9 a.m. to 2 p.m.). The documentation you provide will be scanned and returned to you. We will not keep a paper copy, so it is not necessary to provide photocopies of the documentation.
- Online, via the anonymous reporting mailbox. This is a secure channel for submitting communications, provided you use the TOR anonymization network, as it guarantees anonymity throughout the process and bidirectional communications, and hides the identification of the device (IP address) through which you connect to the network.
- In writing, by post mail, to the following address: Calle Ribes, 1-3, 08013 Barcelona.
- You can also file a report verbally, in person, by telephone or online. For more information, call 935 545 555.
- At a national level, the Independent Authority for the Protection of Informants (https://www.proteccioninformante.gob.es/). You can file your complaint:
- By email at canal.externo@proteccioninformante.es.
- By post mail (Independent Whistleblower Protection Authority, Calle Luis Cabrera 9, 28002 Madrid)
- Requesting a face-to-face meeting.
What should I include in my report?
For AB-Biotics to conduct useful and effective investigations, it is important that you provide a detailed description of the incident, including supporting evidence where possible. Be sure to include the following:
- Subject (title of the incident);
- Description (who-when-where-why-how often).
How confidential is my report?
The reporter can choose to make their report anonymously or to reveal their identity.
The identity of the whistleblower who makes a report via the internal reporting channel will not be made known directly or indirectly without their explicit consent outside the cases legally contemplated otherwise. This also applies to all other information on the basis of which the identity of the reporter might be determined directly or indirectly.
What happens to my report after it is submitted?
Each report received is carefully investigated by the report managers. If your report is deemed credible with sufficient evidence, an investigation will be opened, and you will be informed of the acceptance of your report. If further proof is needed, the report managers will contact you through the tool.
When will I receive an answer?
As required by law, the whistleblower will receive confirmation of receipt of the complaint within 7 days of the report. Subsequently the whistleblower will be kept informed of the status of the investigation and the consequences of the complaint.
Communication in this regard will always take place via the secure chat function of the tool.
The investigation procedure shall have a maximum duration of 3 months, which may be extended for another 3 months when the complexity of the facts is sufficiently justified.
Are measures taken against retaliation?
The law prohibits any form of retaliation by the company against a whistleblower who has reported potential breaches in good faith.
You will find more information about the use of the tool (a user manual) and AB-Biotics’ policy on it on Factorial (employees) and the website.
For additional clarification, you can always contact Philip Claes (Philip.Claes@kaneka.be).