WHISTLEBLOWING CHANNEL OBJECTIVE
The whistleblowing channel’s main objective is to securely formulate, receive and process any communication regarding suspicions of wrongdoing or non-compliance committed by employees, commercial agents, managers or business partners, which may arise during DGH’s business activities in risk situations due to exposures arising from interactions with other entities, public administrations and other bodies, thus fostering a compliance environment based on DGH’s principles and values.
At the same time, Law 2/2023, of 20 February, regulating the protection of people who report regulatory infringements and the fight against corruption, fosters the protection of whistleblowers, people who, in a work or professional context, detect and report possible serious or very serious criminal or administrative infringements.
The whistleblowing channel established by DGH is accessible through our corporate website, www.grupodgh.com, facilitating the use of a secure participation environment for employees, commercial agents, managers, business partners and any interested third party.
WHISTLEBLOWING CHANNEL SCOPE OF APPLICATION
What can be reported?
You can report any type of act or well-founded fact that may violate DGH’s principles and values or involve an unlawful act or act contrary to the applicable regulations, for example, through our whistle-blowing channel:
- Actions or omissions that may constitute a serious or very serious criminal or administrative offence, as well as offences under other special laws that apply or may apply in the future to DGH.
- Serious or very serious criminal or administrative offences involving financial loss to the Public Treasury and Social Security.
- Breaches or conduct contrary to the principles, values and rules of conduct established in the DGH Code of Conduct.
- Non-compliance or conduct contrary to established DGH policies, standards or internal controls
Who can report?
Any third party internal or external to DGH who has substantiated knowledge of any of the offences, irregularities or violations listed above may report/whistleblow:
- All employees, including temporary employees, trainees and trainees in training who are or have been employed by DGH.
- Applicants whose employment relationship has not yet commenced, provided that the information about wrongdoing was obtained during the negotiation process or pre-contractual relationship.
- Shareholders, participants and persons belonging to the management body of DGH.
- Business partners with whom DGH has or plans to establish any kind of business relationship: customers, suppliers, persons or companies to whom activities are outsourced, collaborators, consultants, representatives, agents, distributors, intermediaries, commission agents, investors, self-employed persons, etc.
- Any person working for or under the supervision and direction of contractors, subcontractors and suppliers
WHISTLEBLOWING CHANNEL OPERATION
To submit the report, the informant has two options:
- Submit an anonymous tip-off: at least the title of the tip-off must be indicated and the description field must be filled in with information on the facts on which the tip-off is based, and the supporting documents accompanying the request may be attached; or
- Submit a tip-off as an identifiable informant: together with the title of the complaint and the detailed description of the facts and the supporting documentation deemed appropriate, the identification data (name and surname) and contact details (telephone number and e-mail address) of the informant shall be provided.
In any case, in order to send the report, the informant must complete the fields marked as compulsory and marked with the symbol (*). Likewise, before sending the complaint request, the informant must confirm that he/she has read and agrees to the privacy policy in relation to the processing of the personal data necessary to process his/her communication. Therefore, the informant is recommended, as far as possible, to accompany his/her complaint request with all those documents in physical and/or electronic format that allow DGH to carry out a detailed analysis of the facts that are the subject of the complaint.
Once the complaint has been received, the informant will automatically receive an identification code through which the informant will be able to find out, at any time, the status of the complaint throughout the management procedure. The identification code will be the only means of access and follow-up, so it is the reporter’s responsibility to keep it properly. If further information is needed to process the request, DGH may request more information from the informant through the internal communication service of the complaint management system
COMPLAINT MANAGEMENT PROCEDURE
DGH supervises the information contained in each complaint received and analyses the accompanying supporting documents, where appropriate. In this regard, DGH may request from the informant any additional clarification and/or evidence relating to the facts reported through the communication service of the complaints channel management system; This evidence includes documentary material in physical and/or electronic format related to the reported facts of a professional nature in charge of or on behalf of the entity; as well as, where appropriate, the request for an expert report signed by an external and independent professional, and any other action by which information necessary for the continuation of the complaint management procedure may be obtained.
As a result of the above analysis, the complaint will be admitted for processing in those cases in which the facts described in the complaint may involve a reportable event within the meaning of the above scope of application. Communications relating to cases that do not fall within the reportable facts or that lack sufficient motivation and justification for the verification of such facts shall not be admitted for processing.
Regardless of whether or not the complaint request is accepted for processing, the informant will receive an initial communication with acknowledgement of receipt within seven calendar days of receipt of the request by DGH through the whistleblowing channel, as well as the information resulting from the course of the processing of the request.
DGH will carry out the corresponding investigation actions to obtain all the information necessary to process the complaint, and the collaboration of other areas of the entity or authorised third parties will be mandatory if necessary and in compliance with the current applicable legislation.
DGH agrees to respond to the investigative actions relating to the complaint before the expiry of the three-month period from receipt of the complaint, which may be extended by up to an additional three months due to the particular complexity of the case.
DATA PROTECTION AND CONFIDENTIALITY
Personal data processing arising from managing the whistleblowing channel shall be governed by the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights, and Organic Law 7/2021 of 26 May on the protection of personal data processed for the purposes of the prevention, detection, investigation and prosecution of criminal offences and the execution of criminal penalties. All necessary information on data protection can be found in our privacy policy.
Accordingly, DGH has implemented the necessary security measures to guarantee integrity and confidentiality of the information relating to the complaints and to preserve the protection of the informant and all those who may be affected by the complaint