The Channel of Complaint Whistleblowinglluch
DIRECTIVE (EU) 2019/1937 OF THE EUROPEAN PARLIAMENT And OF THE COUNCIL
Of 23 October 2019
Relative to the protection of the people that inform on infringements of the Right of the Union
Only it is usable by those people or juridical entities that have an interes or direct relation with the companies that has it hired with this Entity. Said companies have a link in his webs and in his Ethical Code, that them redericciona to this Channel of Complaint-Whistleblowinglluch.
Not being able to manage those complaints that realise on legal persons that do not have relation any with this Channel of Complaint-Whistleblowinglluch. We pray them that cercieren or check, visiting the pages webs or Ethical Codes of the entity, object of the possible complaint, before realising a complaint of an illegal or punishable act.
Relation and use of the channel of complaint with the rule in data protection.
Before proceeding to realise the complaint of a fact or illegal or punishable action inside an entity, remember him that it has to read the information of the use of this Channel of Complaint-Line Whistleblowing. As his compatibility with the art. 24 of the Organic Law 3/2018, of 5 December, of Personal Data protection and guarantee of the digital rights.
Information and functionality of the Channel of Complaints -Line Whistleblowing.
The Channel of Complaints – Line Whistleblowing, is the half by which all the executives and employees of the Entity including, temporary employees, indefinite and by agreement, clients, providers, commercial partners and other parts interested (stakeholders), can inform of behaviours, actions or facts that can constitute rapes so much of the internal norms of a company as of the laws, normative or ethical codes that govern the activity of said entity.
This half, has to use to communicate worries or illegal or punishable acts.
Compatibility with the norms on data protection.
To) So much the entity in where they have produced the facts reported, as Lluch Consulting & Training, S.l., like managing entity Channel of Complaints - Line Whistleblowinglluch, engage to the fulfillment of the secret and confidentiality of the information effected in said channel of complaints. As it stipulates the valid rule in data protection
b) In the moment to effect the complaint and establish a first contact with the program, his identity will keep confidential in all the stages of the process and, in concrete, not being spread to third, neither to the person incriminated and to the managerial controls. Without prejudice to that to way of exception can accept anonymous complaints and exclusively in determinate cases.
c) Likewise inform him that it could be necessary spread his identity to the pertinent people involved in any back investigation or judicial procedure incoado like consequence of the investigation carried out by the Channel of Complaints – Line Whistleblowinglluch. Loaning his consent so that his data of personal character can be yielded or communiqués to the Strengths and Bodies of Security of the State, to other organs of the Public Administration with competitions in the investigation of the facts reported and to the Court is of Justice and other organs jurisdiccionales.
d) The time of conservation of the data in the Channel of Complaints - Line Whistleblowinglluch, will not exceed of three months to exception that undertake legal actions against the reported, in whose case will depend the term and conservation, of the ending of the diligencias corresponding. Once passed said terms, the information collected will proceed to cancel .
And) When the data have been collected of a third and no of the person concerned. The person reported will have to be informed by the responsible Line of Complaints - Line Whistleblowinglluch, the before possible in what they have registered the data referents to her. Being informed of:
- The responsible entity of the program of complaint of irregularities.
- The facts of which accuses him .
- The departments and services that could receive the report inside his own society or in other entities or societies of the group of the that forms part his society.
Exemptions or alleviations of responsibilities by part of the denouncer.
To) The person denouncer, will not suffer any type of labour reprisal by the fact to having informed of “good faith” about irregular behaviours.
b) In the case of a false complaint, the denouncer can suffer possible labour consequences or even penal.
c) The complaint will not exempt him of his responsibility in the case that it have taken part in the crime reported, but if it would benefit of an important mitigation, if it contributes to the discovery of illicit acts.
Obligations of the denouncer and of the reported.
Obligation to save secret and confidentiality respecto those personal data to which can have access or notification with reason of the information realised through the Channel of Complaints - Line Whistleblowinglluch, obligations that subsistirán even after finalising his relations with said entity.
The past 21/02/2023, published in the BOE, the Law of protection of the denouncer of corruption (Law 2/2023, of 20 February, regulatory of the protection of the people that inform on normative infringements and of fight against the corruption). That transpone the Directive (EU) 2019/1937, The purpose of this new Law is, the effective and effective protection of those people that, so much in the breast of public organisations like private, copmuniqyen or inform on possible indications or infringements of the right of the Union or national right.
Data protection.
The Users that formulate a complaint accept on purpose the inclusion of the data that facilitate, through the channel of complaint, in a file of tratmiento. Equally, the Users accept that with the formulation of an internal complaint also remain registered and associated to the complaint the IP of the team of the User with the purpose of identification.
The denouncer will be able to exercise his right access, rectification, supresión, opposition, portabilidad. In determinate circumstances, THE CLIENT will be able to request the limitation of the treatment of his data, in whose case only will conserve for the exercise or the defence of claims, notifying it by writing to the Responsible of Data protection of LLUCH CONSULTING & TRAINING S.L., through the email address: lopd@lluchconsulting.es. Said rights remain limited to his own data of personal character object of the treatment.
In front of any vulneración of his rights, especially when it have not obtained satisfaction in his exercise, can present a claim in front of the Spanish Agency of Data protection: www.aepd.es