Whistleblower Policy

This whistleblowing policy was drafted in line with European Directive 2019/1937 ‘on the protection of persons who report breaches of Union law’ and its implementation to Belgian law (Belgian Law dd. 28/11/2022 on the protection of reporters of breaches of Union or national law established within a legal entity in the private sector).

On this webpage, you can read about who can make a report, what and how to report, and when you are protected as a reporter, among other things.

At Sterima, whistleblowers can make a report in writing via e-mail: whistle@sterima.be using the “Internal whistleblower report” form, which can be found here.

Only the reporting manager will have access to the reporter’s identity and will keep it confidential. However, the reporting manager may share confidential information (other than personal data of the reporter) with certain internal departments to ensure feedback.

There is a possibility to report anonymously. If you do not reveal your identity, you should indicate the way in which the reporting administrator can contact you for feedback or you should contact the reporting administrator yourself again for feedback.

In that case, it is recommended that the reporter creates an e-mail address from which his identity cannot be traced, so that the reporter can receive feedback while his/her identity remains anonymous.

1. Purpose

The purpose of this whistleblowing policy is to enable employees and other stakeholders to report breaches of certain laws and regulations in a work-related context in a confidential manner, without fear of retaliation and to ensure an appropriate investigative process. Those who make such a report are referred to as the “whistleblower”.

This policy does not cover complaints about your employment. For this we refer you to the HR department. Before making a report under this policy, you are requested to first use the normal reporting channels and to discuss this with your supervisor beforehand, insofar as he or she is not involved in the matter in question.

2. Who can make a report?

The following persons, among others, who have obtained information about breaches within the scope of the areas mentioned under point 3, in a work-related context, may file a report:

  • Employees, prospective employees, former employees
  • Self-employed employees (such as consultants)
  • Volunteers, interns (paid or unpaid)
  • Shareholders, managers, board members
  • Suppliers, contractors and subcontractors
  • People who help/support the whistleblower to make the report (colleagues, family,…)

This policy also applies to reporters whose working relationship has ended or is yet to begin, if they have obtained information about breaches during or after the termination of the working relationship or during the recruitment process or other pre-contractual negotiations.

3. What can you report?

The whistleblowing legislation limits the legal protection of whistleblowers to breaches relating to the following areas:

  • public procurement;
  • financial services, products and markets (including prevention of money laundering and terrorist financing);
  • product safety and compliance;
  • transport safety;
  • environmental protection;
  • radiation and nuclear safety;
  • food and feed safety, animal health and welfare;
  • public health;
  • consumer protection;
  • protection of privacy and personal data and security of networks and information systems;
  • combating tax fraud;
  • combating social fraud;
  • infringements affecting the financial interests of the Union
  • Internal market infringements, including breaches of Union rules on competition and state aid.

A breach is defined as an act or omission that is unlawful or contrary to the purpose or application of the regulations listed above. Also included in this scope is an attempt to conceal such a breach or a potential breach where there is a high probability that it will occur.

Note: For reports of violations in the areas of financial services, products and markets and prevention of money laundering and terrorist financing, any person can file a report, regardless of whether the reporter obtained the information in a work-related context.

The legislation does not apply to information covered by medical confidentiality or lawyers’ professional secrecy, among others.

4. How can you make a report?

Before making a, you should first use the normal reporting channels and speak to your supervisor, unless they are involved in the incident. If you are reluctant to make a report through the normal reporting channels, you can make a report through the reporting channels below.

4.1. Internal reports

The internal reporting channel is put forward not only within the company, but also by the laws and regulations as the most appropriate reporting channel.

Within Sterima, whistleblowers can make a report in writing via e-mail: whistle@sterima.be using the “Internal whistleblower report” form, attached as an appendix to this policy.

4.3. Treatment of the notification

Reports received will be recorded and an acknowledgement of receipt will be sent to the reporter within 7 calendar days of the report.

Reports will be handled from a private, secure and protected system. They will be investigated, monitored, stored and handled by an independent person being the Report Manager, who will maintain communication with the whistleblower.

At the latest within 3 months, the reporter will receive feedback on the results of the investigation conducted as a result of his/her report, provided that this report falls within the legal scope of a whistle-blowing regulation.

4.4. External notifications

A reporter may also decide to use an external reporting channel outside the company, either after a report has been made through the internal channels or by appealing directly to external reporting channels, if he/she considers them more appropriate.

The “Federal Ombudsman” was charged by the Belgian legislator with the task of coordinating reports through external reporting channels. An external report can be made to the Federal Ombudsman through the website https://www.federaalombudsman.be/en/centre-for-integrity/whistleblowers.

In addition, specific competent authorities were designated for certain sectors, such as the GBA or FSMA.

4.5. Public disclosure

A public disclosure is allowed only to the extent that:

  • internal and external reports remain untreated and no appropriate action is taken or
  • the reporter has reasonable grounds to believe that the breach poses an imminent or real danger to the public interest or
  • in the case of external reporting, there is a risk of retaliation, or the breach is unlikely to be effectively remedied, due to particular circumstances of the case.

5. When is the reporter/whistleblower protected?

5.1. What protection?

The identity of the reporter who makes a report in good faith remains strictly confidential and can only be disclosed to persons other than those authorised to receive, investigate and follow up the report in a very limited number of legal cases:

  • when the reporter gives his free and express consent or
  • based on an obligation, arising from special legislation in the context of investigations by national authorities or judicial proceedings (including to safeguard the data subject’s rights of defence).

As a whistleblower, you are protected from retaliation. They cannot be held liable for such a report provided they had reasonable grounds to believe that the report was necessary to disclose a breach. There can also be no professional sanction in this situation as a result of such a report (think dismissal). A whistleblower who does experience reprisals can claim damages.

5.2. As a reporter, when are you eligible for protection?

Only reporters meeting the following conditions enjoy this protection:

  1. the reporter must have reasonable grounds for believing that the information reported about breaches is true at the time of the report and who are acting in good faith can benefit from the protection under the whistleblowing legislation, and
  2. the reporter should make a report via the internal reporting channel, via the external reporting channel or, under certain conditions, via a public channel (the press, for example).

5.3. Support measures

The reporter has access to the Federal Institute for the Protection and Promotion of Human Rights (FIRM) in terms of the support measures provided by law. This institute is the qualified and central information point on the protection of whistleblowers and is responsible for their support. (https://federaalinstituutmensenrechten.be/nl/klokkenluiders)

5.4. Sanctions

Whistleblowing legislation provides for significant criminal sanctions against the legal entity in case of reprisals against the whistleblower.

The legislator also provided for sanctions against the reporter if it is found that he/she knowingly reported or disclosed false information or if he/she abused the reporting procedure.

6. Processing of personal data

Any processing of personal data under the whistleblowing regulations is done in accordance with European Regulation 2016/679 or the General Data Protection Regulation (GDPR).