Introduction to LANDE’s Whistleblowing Channel.
Lande is a company committed to compliance with current legislation, as well as to ethics and transparency in all its activities. For this reason, it actively works on the prevention and detection of irregular conduct that may damage its image and reputation.
In this regard, Lande complies with Regulation (EU) 2016/679 General Data Protection Regulation (GDPR), Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), and the current legislation Law 2/2023 of 20 February regulating the protection of persons who report regulatory infringements and the fight against corruption, which requires companies to have control mechanisms to prevent, detect and respond to the risk of criminal offences.
For this reason, Lande has implemented a “Whistleblowing Channel”, a fundamental tool that allows all staff and networks of collaborators acting on its behalf to report potential risks and non-compliance, applicable to LANDE SA.
This Policy describes all matters related to the operation of Lande’s Whistleblowing Channel: how a report can be submitted, who may submit a report, against whom, in which situations, and above all, what steps will be followed when a report is received. All of this is subject to the strictest confidentiality.
Lande’s Whistleblowing Channel is a valuable and useful tool to preserve and protect the company’s image and reputation. Cooperation is expected from all employees, management, board members, clients, collaborator networks, distributors, interns, trainees, and regular suppliers of Lande, including external personnel providing services to Lande, in order to detect potential irregular conduct and act accordingly, always following the ethical and compliance values that characterize Lande.
Who should report through the Whistleblowing Channel?
All employees, management, board members, clients, collaborator networks, distributors, interns, trainees, and regular suppliers of Lande, including external personnel providing services to Lande, hereinafter referred to as “Reporting Persons”, are encouraged to use the Whistleblowing Channel if they become aware of any irregularity within its objective scope.
It is important to highlight that the use of this channel is carried out with full guarantees of confidentiality and without fear of retaliation, such as dismissal or similar measures. All information received will be treated with the utmost seriousness and responsibility.
Who may be reported through the Whistleblowing Channel?
Any employee, member of management, member of the Board of Directors, or external collaborator of Lande who has carried out any irregularity or conduct described in this document may be reported through the Whistleblowing Channel.
What conduct may be reported?
Conduct that is contrary to the principles and rules of conduct established in Lande’s Code of Ethics for company employees, which is available via the
Whistleblowing Form. In this way, an ethical and compliance-driven culture is fostered within the company, allowing all stakeholders to report potential breaches without fear of retaliation and with the assurance that their report will be handled with absolute confidentiality.
Additionally, conduct classified as criminal offences under the Criminal Code and other special laws may also be reported, as they may give rise to criminal liability. Reportable conduct includes offences such as business corruption, fraud, and offences related to intellectual and industrial property, among others.
Likewise, conduct related to unfair competition, personal data protection, occupational health and safety, and environmental protection may also be reported.
How should a report be submitted?
All reports must be submitted in writing through one of the following channels:
- Through the section enabled on the corporate website via the Whistleblowing Form, which provides access to the Whistleblowing Channel tool where a report can be submitted and its status tracked. Easy Telecom Law Firm, S.L. shall be the entity responsible for analysing and responding to the Whistleblowing Channel.
- By postal mail, printing the form available at https://www.landesa.com/formulario-denuncias.php and sending it to the attention of the external manager of the Internal Information System, Easy Telecom Law Firm, S.L., Calle del Dr. Fleming, nº 35, 1ºD, CP: 28036, Madrid.
In any case, completion of the reporting form available for download on the website is mandatory.
Any report not submitted through the channels indicated above will not be received or processed and will be destroyed.
Reporting persons may identify themselves when submitting a report by providing an address, email address, or secure location for receiving notifications. They may also expressly waive receiving any communication related to the report. Alternatively, reporting persons may submit reports completely anonymously without providing any personal data in the reporting form.
Confidentiality of the reporting person’s identity shall be guaranteed at all times throughout the process, in compliance with the requirements established by the Organic Law on Data Protection and the Spanish Data Protection Agency.
When submitting a report, the privacy policy must be accepted, which provides all information regarding the processing of personal data. Lande undertakes to comply with applicable regulations, establishing all necessary safeguards in accordance with the GDPR and the LOPDGDD regarding information security and the confidentiality of communications. Likewise, the reporting person will be given the opportunity to review, correct, and approve the transcription of the message by signature.
Similarly, in anonymous reports, any data that could be linked to the identity of the reporting person will be preserved, ensuring appropriate technical and organisational measures, as well as guaranteeing the confidentiality of data relating to affected persons and any third parties mentioned in the communications.
Protection and confidentiality of the reporting person.
At Lande, the Whistleblowing Channel is overseen by a Whistleblowing Channel Officer, a position currently held by Ms. Eloísa Fernández. The management of the information system is carried out by Easy Telecom Law Firm, S.L., a specialised external company whose functions are performed under principles of independence and autonomy, ensuring confidentiality, data protection, and the secrecy of communications, in compliance with applicable data protection regulations. The processing of personal data by Easy Telecom Law Firm, S.L. is carried out in its capacity as data processor, pursuant to the data processing agreement regulated in Article 26 of the GDPR.
All individuals who submit a report in good faith are protected against any form of retaliation, discrimination, or penalty resulting from the report. Should any retaliation occur, such as unjustified dismissal or changes in responsibilities, Lande will take disciplinary measures.
If a reporting person believes they have suffered retaliation for submitting a report, they must inform Easy Telecom Law Firm, S.L., which will forward the case to the Whistleblowing Channel Officer for investigation and appropriate measures to prevent or correct any retaliation. It is important to note that the prohibition of retaliation does not prevent disciplinary action if it is determined that the report was false and made in bad faith.
Lande guarantees absolute confidentiality of the reporting person’s identity as a fundamental principle of its Whistleblowing Channel. Access by the reported person to personal data shall not include the identity of the reporting person, except by court order.
Both the Whistleblowing Channel Officer and Easy Telecom Law Firm, S.L. are bound by professional secrecy and confidentiality obligations. Any authorities or Lande personnel involved in the investigation shall also be subject to the same confidentiality obligations.
Procedure for handling reports.
1. Report receipt phase:
All reports will be received by Easy Telecom Law Firm, S.L., which will carry out a preliminary analysis of the reported facts and their compliance with the established form. An acknowledgement of receipt will be sent to the reporting person within 7 calendar days of receipt, unless this could jeopardise the confidentiality of future communications.
Subsequently, the report will be reviewed to determine whether it meets formal requirements and falls within the objective scope of the Whistleblowing Channel. A decision on admission or inadmission will be made within a maximum of 15 working days from receipt.
Inadmission does not imply that the reported facts are false or irrelevant, but rather that they do not meet the requirements for investigation through the Whistleblowing Channel. The reporting person will be informed and, where possible, alternative channels will be suggested.
2. Investigation phase:
Once admitted, internal investigations will be conducted, and where appropriate, in collaboration with authorities, to verify the authenticity of the reported facts. The investigation period shall not exceed 3 months, extendable by an additional 3 months in complex cases.
3. Resolution phase:
Upon completion of the investigation, the Whistleblowing Channel Officer, advised by Easy Telecom Law Firm, S.L., will issue a report proposing either the dismissal of the case or appropriate legal measures.
4. Enforcement phase:
It shall be the responsibility of authorised persons with sufficient powers to apply disciplinary measures or sanctions in accordance with the applicable employment contracts.
