KYRYA’S REPORTING CHANNEL ( BUJIOL SL, SAKYDU SL , CROWE INVERSIONES SL, SOLID SURFACE INDUSTRIES SL)
This article regulates both the criminal liability of legal persons and the need for an organisation and management model Art. 31.bis. of the Criminal Code deals with the responsibility of the legal entity, and it does not only stablish the criminally liable people, but in its point 5, stablishes also the requirements to be accomplished by the crime prevention management models that are to be implemented by companies. One of those requirements is the existence of means to inform of possible non-compliances:
“The obligation of informing of possible risks and non-compliances must be reported to the organisation in charge of functioning and prevention models compliance surveillance.”
On the other hand, and concerning Law 2/2023, of the 20th of February, which regulate protection of people informing of regulatory violations and fighting against corruption, and precisely in its article 10 (private sector) and its article 13 (public sector), the obligation of stablishing internal reporting channels is imposed.
KYRYA, informs:
REPORTING CHANNEL. The present channel guarantees compliance with what has been stablished by the doctrine that derives from de Prosecution Circular 1/2016, of the 22nd of January and by Law 2/2023 previously mentioned.
Also, the external reporting channel stablished will be administered by a qualified Service provider that complies with approved specifications in EU Regulation n. 910/2014 of the European Parliament and Council of the 23rd July 2014, related to electronic identification and trusted services for internal market transactions and Law 6/2020, of the 11th November, regulating certain aspects of trusted electronic services.
The objective of the use of a qualified provider is to guarantee presumption of truthfulness and authenticity of the proof, stablishing the burden of proof on the party challenging the document, as stablished in Art. 326 of Law 1/2000, of the 07th of January, concerning civil prosecution.
In any case, the qualified trusted service provider will comply with KYRYA’s established instructions and always according to present legislation in data protection, guaranteeing compliance with stablished obligations in Art. 28 of the GDPR.
ANONIMOUS REPORTING AND PERSONAL DATA. Reports will be generally anonymous and will be answered through the same channel from which they have been received. Anonymity will be lifted only with the express consent of the informer or when it constitutes a necessary and proportionate obligation, imposed by Union or national Law, in the context of an investigation by national authorities or in the framework of legal process, particularly to safeguard defence rights of the affected person.
During the process, therefore, compliance with present legislation concerning data protection (DPA and GDPR) will be guaranteed.
USE OF THE ETHICS CHANNEL. The ethics channel must be used in those situations in which one has knowledge of behaviours or facts that can constitute a criminal activity, breach of internal company regulations and any other illegal activity that is against KYRYA interests, that is to say, actions or omissions that can constitute a serious or very serious criminal or administrative offence, and in any case, all criminal or administrative offences that involve financial loss for Public Treasury and Social Security.
The ethics channel it is not ideal for subjects related to your employment conditions. In this case, you will have to follow the stablished policies in your company. More precisely, and as an example and not as a closed list of assumptions, it will not be the ideal channel for:
- Claims relating to salary, claims of overtime or any other employment issue that does not constitute a violation of labour laws concerning health and safety at work, and without prejudice of what is stablished in your specific regulations.
- Information about irregularities that are only rumours or that are related to facts that lack credibility.
- Complaints or claims related to the state of material provided by the company for work performance and / or with the state of facilities, given that they are not a risk for health and safety at work.
If any of those questions or any other which is not included in the objective scope of Law 2/2023, they will be immediately filed after assessing the information provided by KYRYA’S system’s organisation.
If you want to file a report, you will see that you are redirected to an external on-line tool, outside KYRYA’s domain. The message will be transmitted to the trusted qualified provider’s tool and thus to be able to guarantee anonymity and data protection of the complainant.
For this reason, the present tool could be used by any of KYRYA’s employees or any other third person that can have knowledge of unethical, fraudulent, or unlawful behaviours that have taken place inside our Organisation.
EXTERNAL COMMUNICATION CHANNELS: Communications can also be conducted externally through external Information channels before the competent authorities in the matter, and when appropriate, before institutions, organisations or agencies of the European Union.
These channels could be:
- Independent Informant Protection Authority (I.P.A).
- Before authorities or corresponding autonomous organisations.
- Public Prosecutor’s Office.
- European Prosecutor’s Office in case the facts will affect the financial interests of the European Union.
- State Security Forces.
- Competent anti-fraud agency.
- Other competent organisations.
The data treatment controller is KYRYA , who, in compliance with a legal obligation in Law y 2/2023, of the 21st February, regulating the protection of people informing about regulatory violations and to fight against corruption, will treat the Information with the objective of handling complaints that are received through the channel, guaranteeing informant’s data confidentiality and maintaining anonymity without communicating them ton any third party unless identification is a necessary and proportioned obligation impose by EU or national law in the context of an investigation carried out by national authorities or in the framework of a legal process, in which case data will be communicated to the competent authorities in the matter.
Your data will preserved for a maximum period of 3 months since data entering in the channel, after which we will proceed to its elimination from the channel, but data could be blocked to show the functioning of the crime prevention model or if required by the competent authority to initiate the corresponding investigation of facts.
For further Information about treatment of data or of how to exercise your rights you can refer to our Privacy Policy .
