Whistleblowers

1. INTRODUCTION

At Fedustria, we believe that ethical, sustainable, and transparent entrepreneurship pays off. We aim to embody this ambition ourselves and expect the same attitude from all our professional partners. That is why, with this document (hereinafter the "Whistleblower Policy"), we aim to provide anyone who becomes aware of wrongdoing within Fedustria in a work-related context with the opportunity to report this confidentially.

In doing so, we aim not only to meet certain legal obligations, but also to establish a policy aimed at promoting ethical, sustainable, and transparent business in general and the fight against fraud and other misconduct.

2. SCOPE

Persons who become aware of information in a work-related context include our employees, but also freelance collaborators, our members, or persons who belong to one of our administrative, managerial, or supervisory bodies. Voluntary workers and interns or student workers, whether or not paid, are also covered, as well as anyone working under the supervision and direction of our contractors, subcontractors, or supplier. Regardless of whether a formal collaboration with these individuals has already started or ended.

We understand wrongdoing primarily as acts or omissions that violate or are contrary to the purpose of national or international rules concerning public procurement; financial services, products, and markets; prevention of money laundering and terrorist financing; product safety and compliance; transport 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 as well as the security of network and information systems; and combating tax and social fraud. Violations affecting the financial interests of the European Union or the internal market (including competition and state aid) are also included.

In addition to these national and international rules, this Whistleblower Policy also considers breaches of our own internal rules (such as the work regulations, any applicable code of conduct, and the values Fedustria upholds) and other unspecified legal obligations as wrongdoing.

General complaints related to dissatisfaction with our operations fall outside the scope of this Whistleblower Policy.

3. PROTECTION

We protect whistleblowers against any retaliatory action, provided that, at the time of reporting, they had a reasonable suspicion that a wrongdoing had occurred or was highly likely to occur, or that there were attempts to conceal a wrongdoing, and that the information reported falls within the scope of this Whistleblower Policy.

Retaliation includes direct or indirect acts or omissions following a report that lead or could lead to unjustified harm to the whistleblower.

This protection also applies to natural persons who assist the whistleblower confidentially during the reporting process and to third parties connected to the whistleblower if they had reasonable grounds to believe the report fell within the scope of this Whistleblower Policy.

If an investigation reveals the report was unfounded, this protection remains unless the report was made maliciously.

4. PROCEDURE AND COMPETENCES

4.1. Before the Report

All incoming reports are treated confidentially by our Whistleblower Officer. Our Whistleblower Officer is Legal Counsel of Fedustria, reachable via whistleblower@fedustria.be. Anonymous reports will not be followed up.

The Whistleblower Officer acts as the primary point of contact and trusted person for the (potential) whistleblower and is authorized to answer general questions about this Whistleblower Policy (e.g., prior to making a report), receive and follow up on reports, maintain communication with the whistleblower, request additional information if necessary, and provide final feedback.

Every report is treated strictly confidentially unless the whistleblower explicitly agrees otherwise. This does not prevent the whistleblower from being heard (like any other involved party) in a subsequent investigation (to which every employee is expected to contribute constructively). The Whistleblower Officer ensures the independence of their function and avoids any conflicts of interest. If the whistleblower believes there is a conflict of interest, they may contact the Manager Operations of Fedustria directly.

Despite the option to report wrongdoing, we encourage using normal reporting lines and first discussing specific suspicions with a direct manager. If this is not feasible or if such discussions yield no resolution, reporting to the Whistleblower Officer is of course possible.

Each whistleblowers is invited, if possible, to provide at least the following information and, where available, attach documents to support the report:

Which organization is the report about?
What is the subject matter of the report?
What is your relationship to our organization?
Has the wrongdoing been reported before?

If this information or documentation is unavailable, the report is not hindered. However, the whistleblower must comply with all legal and internal rules when obtaining such information or documents.

4.2. After the Report

4.2.1. Follow-Up and Investigation

The Whistleblower Officer confirms receipt of the report within 7 days. Unless the report is clearly unfounded or malicious, the Whistleblower Officer immediately informs the CEO of Fedustria. In exceptional, urgent situations and/or if legally required, judicial authorities may be contacted directly.

The Officer guarantees confidentiality of the whistleblower’s identity unless consent is given for disclosure or where legally required. In such cases, the whistleblower will be notified beforehand unless this would jeopardize the related investigation or legal proceedings.

Decisions on investigative actions and any resulting decisions (such as sanctions or legal steps) are made by the CEO of Fedustria.

The investigation will comply with applicable laws (especially labour and privacy laws). According to our code of conduct for e-mail and internet use, this may include accessing e-mails or data sent from or stored in our systems, unless explicitly marked as private.

No later than 3 months after acknowledgment of receipt, the Whistleblower Officer provides general feedback on the investigation results. This may include how the report was handled, corrective measures taken, and/or other steps being considered. No details about specific individuals are shared.

During the investigation and feedback phase, a balance is sought between the interests and rights of all parties. This includes the right of the person involved to be informed, and to access, correct, or delete incomplete or incorrect data, in accordance with privacy regulations. However, this right does not include the right to make copies of any document related to the investigation and may be delayed if needed. The confidentiality of the whistleblower’s identity will be preserved at all times.

4.2.2. Measures After the Investigation

A malicious and unlawful report is not protected by this Whistleblower Policy. As previously mentioned, an unfounded report is not necessarily malicious.

A report is unlawful if it does not meet the legal requirements for protection. This is the case if, at the time of the report, the whistleblower had no reasonable suspicion:

that a wrongdoing had occurred or was likely to occur, or was being concealed; and
that the information fell within the scope of this Whistleblower Policy.

If a report appears clearly malicious and unlawful from the outset or after investigation, sanctions may follow per our work regulations and applicable law. If the report is so serious that it renders further professional collaboration impossible, this may result in dismissal for cause.

Reports that are substantiated may also result in sanctions against the person involved, in accordance with work regulations and applicable law, including dismissal for urgent cause.

5. RETENTION OF DOCUMENTS AND PERSONAL DATA PROCESSING

Every received report is recorded. Personal data obtained via reports are treated confidentially and are only accessible to the Whistleblower Officer or persons under the same duty of confidentiality. Data are processed according to legal obligations and Fedustria’s Privacy Policy and may only be used within the scope of this Whistleblower Policy.

Subject to legal requirements, personal data related to unfounded reports are deleted no later than 2 months after feedback is given. Data related to reports resulting in sanctions are kept until the sanction or related decision becomes final and/or related legal procedures are resolved.

6. EXTERNAL REPORTING

We encourage individuals who face wrongdoing to report internally to our Whistleblower Officer so that appropriate actions can be taken. Nevertheless, we acknowledge the possibility of external reporting. For more information, we refer to the website of the Federal Ombudsman: https://www.federaalombudsman.be/en/centre-for-integrity/whistleblowers.