WHISTLEBLOWER POLICY

1. General

The purpose of this whistleblower policy is to enable both internal employees and external parties to report, without fear of reprisal, breaches of the material scope of the Belgian Whistleblower Act of which they have become aware in a work-related context.

To facilitate these reports, DP Survey Group has set up an internal reporting channel for this purpose. Anyone wishing to make a report within the scope of the Whistleblower Act is encouraged to use this internal reporting channel in the first instance.

2. Definitions

In accordance with Belgian Whistleblower Act, the following definitions apply:

Infringements: acts or omissions that

1. are unlawful and relate to the policy areas covered by the material scope of Chapter 4;
2. go against the purpose or application of the rules in the policy areas covered by the material scope of Chapter 4;

Breach information: information, including reasonable suspicions, about actual or potential breaches, which have occurred or are highly likely to occur within DP Survey Group, as well as attempts to conceal such breaches;

Reporting: the oral or written communication of information about breaches;

Internal reporting: the oral or written communication of information about violations within a legal entity in the private sector;

External reporting: communicating information about violations orally or in writing to the federal coordinator or competent authorities;

Disclosure: making information about violations publicly available;

Reporter: a person who reports or discloses information about violations;

Work-related context: current or former professional activities in the private sector through which, regardless of the nature of those activities, individuals may obtain information about violations and where those individuals may face reprisals 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;

Subject: a natural or legal person named in the report or disclosure as a person to whom the breach is attributed or with whom that person is associated;

Retaliation: a direct or indirect act or omission in response to an internal or external report or disclosure, and which results or may result in unjustified prejudice to the reporter;

Follow-up: action taken by the recipient of a report, by a competent authority or by the federal coordinator to verify the accuracy of the allegations made in the report and to address the reported violation, if necessary, including through measures such as an internal preliminary investigation, an inquiry, prosecution, a recovery of funds or the termination of the proceedings;

Feedback: providing the reporter with information on the measures planned or taken as follow-up and on the reasons for such follow-up;

Competent authority: the Belgian authority designated to receive disclosures in accordance with Chapter 6 of this policy and to provide feedback to reporting persons and ensure follow-up;

Federal coordinator: the authority in charge of coordinating external reports for the private sector in accordance with Section 4 of Chapter 4 of the Whistleblower Act;

Reporting manager: the impartial person or department authorized to follow up on reports, maintain communication with the reporter, request additional information from the reporter, if necessary, provide feedback and receive reports where applicable.

3. Who is authorized to report?

The internal reporting channel of DP Survey Group is always available to:

• Employees of DP Survey Group

• Persons who, within a work-related context, have become aware of violations of European Union law and/or breaches that the Belgian legislator has added to the scope of the Belgian Whistleblower Act. Specifically, this means that not only employees, but also former employees, trainees, suppliers, self-employed persons, shareholders, job applicants and other individuals who are on long-term cooperation with DP Survey Group may report

• Other stakeholders such as customers

4. Reports

A person may file a report when a breach is identified or there are reasonable suspicions that a breach has occurred or will occur involving DP Survey Group that violates one or more of the following areas:

• Government Procurement;
• Financial services, products and markets, prevention of money laundering and terrorist financing;
• Product safety and product compliance;
• Transportation safety;
• Environmental protection;
• Radiation protection and nuclear safety;
• Food and feed safety, animal health and welfare;
• Public health;
• Consumer protection;
• Protection of privacy and personal data, and security of network and computer systems;
• Infringements affecting the financial interests of the European Union;
• Internal market infringements (competition and state aid; corporate tax infringements; constructions aimed at obtaining an undue tax advantage);
• Tax fraud;
• Social fraud.

5. Internal reports

5.1 Internal reporting channel

A reporter may share information about violations or matters that he/she believes in good faith may constitute a violation in the areas listed in Section 4 via any time by e-mail via: whistleblower@dpsurveys.be.

In addition, reporters may also request within a reasonable time to report a breach through a physical interview. Such a physical report can then be made by appointment through the above e-mail address.

5.2 Procedure

DP Survey Group’s internal reporting channel will be managed internally.

An impartial person will be responsible for following up the report and for communicating with the reporter. Within DP Survey Group, the following persons qualify for this purpose:

• Rinda Smekens
• Bert Delbaere

Upon receipt of the report, the reporter will be sent an acknowledgement of receipt within seven days at the latest.

The risk of conflicts of interest is always kept to a strict minimum. If necessary, external means of investigation may be used.

5.3 Feedback

The reporter receives feedback on the handling of the report. Specifically, this means that he receives information about the (corrective) measures taken. However, the feedback will not contain details of specific persons and will therefore be of a more general nature.

In some cases, additional investigations will be necessary, in which case the reporting manager will ensure the confidentiality of the investigative acts and compliance with the rights of third parties.

The reporter will receive information about the follow-up (actions planned or taken) and about the reasons for this follow-up within a reasonable time; this is at the latest three months after the acknowledgment of receipt was sent to the reporter or, if no acknowledgment of receipt was sent to the reporter, three months after the expiration of the period of seven days following the report.

If it is not possible to provide the reporter with any feedback, the reporter will be notified of this and the reason why no information is available.

6. External reports

6.1 External reporting channels

If the reporter does not wish to make an internal report, one can also use an external reporting channel.  For this, the reporter can contact the federal coordinator through the following reporting channels:

• Telephone number: 0800 999 61
• E-mail: integriteit@federaalombudsman.be
• Website of the competent authority: Competent authority | Federaalombudsman.be
• Report form: Report form | Federaalombudsman.be

The reporter can also request to make a report physically, somewhat within a reasonable period of time. This is possible with the federal coordinator of the competent authority by appointment (by phone or mail). The reporter can also contact the competent authority directly (see Appendix 1).

6.2 Procedure

The competent federal department sends an acknowledgment of receipt to the reporter no later than seven days after receiving the report.

The reporter receives information about the follow-up (measures planned or taken) and about the reasons for this follow-up within a reasonable period of time; this is at the latest three months after the confirmation of receipt has been sent to the reporter or, if no confirmation of receipt has been sent to the reporter, three months after the expiration of the period of seven days after the report.[1]

For the handling and follow-up of reports, the competent authorities and federal coordinator shall designate staff members who are bound by a strict obligation of confidentiality and who will undergo specific training for handling such reports.

These staff members are also charged with providing information on reporting procedures to stakeholders and maintaining contact with the reporter to provide feedback and/or request additional information if necessary.

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[1] Exceptionally, the deadline may be 6 months.

7. Disclosure

A person making a disclosure is eligible for protection under the Whistleblower Act if one of the following conditions is met:

1. In the case of an indirect disclosure: if the person first makes an admissible internal and/or external report, but no appropriate action has been taken as a result of that disclosure within the specified time period

• In the case of a direct disclosure: upon the report, the person has reasonable grounds to believe that:
  • The breach may pose an imminent or real danger to the public interest; or
  • There is a risk of retaliation in the case of external disclosure, or it is unlikely that the breach will be effectively remedied, because of special circumstances of the case, for example, because evidence may be withheld or destroyed, or an authority may collude with the perpetrator of the breach or be involved in the breach.

This does not apply to cases where a person provides information directly to the press under specific legislation establishing a system for the protection of freedom of expression and information.

8. Specific provisions regarding internal and external reports

8.1 Confidentiality and non-disclosure

All reports, as well as subsequent investigation reports and decisions, are handled with the utmost confidentiality and strict secrecy. This means, among other things, that

• Physical and digital access to the information from the reports and to the internal reporting channel is strictly limited to the (designated) reporting managers. 

• Under no circumstances may the (designated) reporting managers disclose the identity of the reporter to employees or third parties without the reporter’s express consent.   This also applies to all other information from which the identity of the reporter can be directly or indirectly deduced.[1]

• A strict “need-to-know” basis is applied in the handling and follow-up of reports when it comes to disclosing relevant information to employees or third parties. In this regard, not only the reporting managers but also all employees involved in following up reports will maintain strict confidentiality regarding the content of reports, decisions, etc., to the extent permitted by law.

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[1] An exception to this obligation of confidentiality exists where it is a necessary and proportionate obligation under special legislation in the context of investigations by national authorities or judicial proceedings, including to safeguard the rights of defense of the data subject. In this case, before their identity is disclosed, the reporters shall be informed, unless such information would jeopardize the related investigations or legal proceedings.

8.2 Processing of personal data

All personal data are processed in accordance with applicable data protection legislation, including the General Data Protection Regulation (“GDPR”).

DP Survey Group retains all personal data at least as long as the contractual relationship between the reporter and the employer continues and at most for the period of limitation relevant to any legal claims.

Personal data shall only be processed in the context of required investigations pursuant to a legal obligation and only the strictly necessary data shall be processed.  Personal data that is clearly not relevant to the processing of a specific report will not be collected, or, if collected unintentionally, will be deleted immediately. If a report contains information that is required to be transmitted by law, personal data may be shared with government agencies.

All data subjects have the right to request access, rectification, erasure and objection to the processing of personal data. These requests can be addressed to: whistleblower@dpsurvey.be.

All data subjects have the right to lodge a complaint with the Data Protection Authority.

8.3 Registration of reports

DP Survey Group maintains a register of all reports that records both the receipt of the report, its investigation and the action taken. Reports are kept in this register for as long as the contractual relationship between the reporter and the employer continues. Investigation reports and supporting information are kept for a minimum of five years after the end of the investigation.

DP Survey Group guarantees that access to this register is limited to designated reporting managers.

9. Proection

9.1 Protection against retaliation

If the reporter acts in good faith and follows the right way in making a report, DP Survey Group ensures the protection of the reporter from retaliation, including threats and attempts to retaliate.

The “right way” means that the reporter initially uses the provided internal reporting channels to the extent possible. Only if there is no internal channel, or if an external report goes unheeded, can the reporter make a report public. 

“Retaliation” includes:

• Suspension, temporary retirement, dismissal or similar action;
• Demotion or denial of promotion;
• Transfer of duties, change in location of workplace, reduction in pay, change in working hours;
• Withholding of training;
• Negative performance evaluation or work reference;
• Imposition or application of a disciplinary action, reprimand or other sanction, such as a financial penalty;
• Coercion, intimidation, harassment or exclusion;
• Discrimination, adverse or unequal treatment;
• Failure to convert a temporary employment contract into an indefinite employment contract, in the event that the employee had a legitimate expectation that he would be offered indefinite employment;
• Non-renewal or early termination of a temporary employment contract;
• Damage, including damage to reputation, especially on social media, or financial loss, including loss of sales and revenue;
• Blacklisting based on an informal or formal agreement for an entire sector or industry, preventing the person from finding employment in the sector or industry;
• Early termination or cancellation of a contract for the provision of goods or services;
• Revocation of a license or permit;
• Psychiatric or medical referrals.

Not only does the reporter enjoy protection from retaliation, but also facilitators and third parties associated with the reporter who may become victims of retaliation in a work-related context, provided they had reasonable grounds to believe that the reporter fell within the scope for protection under the Whistleblower Act.

DP Survey Group guarantees them the right to diligent process and the presumption of innocence. As long as whistleblower investigations are ongoing, their identities will be kept strictly confidential.

9.2 Complaint procedure

Any protected reporter who believes he or she is the victim of or threatened with reprisal may file a reasoned complaint with the federal coordinator, who initiates an out-of-court protection procedure.

The federal coordinator of the competent authority verifies the existence of reasonable suspicion of retaliation.

The burden of proof that the action taken is not retaliation falls to DP Survey Group.

There is no retaliation when DP Survey Group would take a measure against a reporter that falls within the legal framework if DP Survey Group can demonstrate that the reasons for the measure are not related to the report.

9.3 Support measures

The reporter, both in the case of an internal or external report and in the case of a disclosure, can turn to the Federal Institute for the Protection and Promotion of Human Rights for the following support measures:

• Complete and independent information and advice, accessible easily and free of charge, on the remedies and procedures available that protect against reprisals, as well as on the rights of the data subject, including his rights in terms of personal data protection; the reporter must also be informed that he is eligible for the protection measures provided for in this law

• Technical advice regarding any authority involved in the protection of the reporter

• 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 wanted 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 and legal aid in other proceedings as well as legal advice or other legal assistance, in accordance with the provisions on second-level legal aid and legal aid

• Support measures, including technical, psychological, mediation-related and social support, for the reporter

• Financial assistance to reporters in legal proceedings

10. Abuse of reporting

DP Survey Group will only handle reports made in good faith that fall within the scope of Whistleblower Act. Reporters who make a report in bad faith, with intent to harm, do not enjoy protection.

In particular, reporters who make a report in bad faith expose themselves to the sanctions set out in the Employee Handbook, including the possibility of dismissal as a measure of last resort.

Appendix I: List of federal authorities

The following private sector authorities were designated to receive external reports of Whistleblower Act violations:

• The Federal Public Service Economy, SMEs, the Middle Classes and Energy
• The Federal Public Service Finance
• The Federal Public Service Health, Food Chain Safety and Environment
• The Federal Public Service Mobility and Transport
• The Federal Public Service Employment, Labour and Social Dialogue
• The Programming Public Service Social Integration, Poverty Reduction, Social Economy and Metropolitan Policy
• The Federal Agency for Nuclear Control
• The Federal Agency for Medicines and Health Products
• The Federal Agency for the Safety and the Food Chain
• The Belgian Competition Authority
• The Data Protection Authority
• The Financial Services and Markets Authority
• The National Bank of Belgium
• The College of supervision of company auditors
• The authorities reported in article 85 of the law of September 18, 2017 on the prevention of money laundering and the financing of terrorism and on restricting the use of cash
• The National Committee for the Security and Supply of Distribution of Drinking Water
• The Belgian Institute for Postal Services and Telecommunications
• The National Institute for Health and Disability Insurance
• The National Institute for Social Security for the Self-Employed
• The National Service for Employment
• The National Agency for Social Security
• The Social Intelligence and Investigation Service
• The Autonomous Anti-Fraud Coordination Service (CAF)
• The Shipping Inspectorate

They are authorized to investigate and prosecute reported violations.