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Art. 31.bis. The Criminal Code speaks about the responsibility of the legal person, it not only determines the criminally responsible persons but also establishes the requirements to be met by the crime prevention management models to be implemented in the organizations. One of these requirements is the existence of a means of reporting possible non-compliance:
“They shall impose the obligation to report possible risks and non-compliances to the body in charge of monitoring the operation and observance of the prevention model.”
On the other hand, and in accordance with the provisions of Law 2/z023, of February 20, regulating the protection of persons who infringe regulations and the fight against corruption, specifically in its article 10 (private sector) and article 13 (public sector), the obligation of these internal complaint channels is imposed.
This whistleblower channel ensures compliance with the provisions of the aforementioned Law 2/2023.
Likewise, the external complaint channel established is managed by a qualified trust service provider that complies with the specifications provided for in Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and Lev 6/2020 of 11 November regulating certain aspects of electronic trust services.
In any case, the qualified trust service provider will comply with the instructions established by the Instituto Tecnológico de Aragón, always in accordance with current legislation on data protection, ensuring compliance with the obligations under Art. 28 of the RGPD.
Complaints will generally be anonymous and will be answered through the same channel through which they were received. Anonymity shall be lifted only in cases of face-to-face reporting requests, with the express consent of the reporting person or when it constitutes a necessary and proportionate obligation imposed by Union or national law in the context of an investigation carried out by national authorities or in the context of judicial proceedings, in particular to safeguard the rights of defense of the person concerned.
During the process, therefore, compliance with current data protection legislation will be ensured. (LOPGDD and RGPD)
When you are going to establish a complaint, you will notice that it is directed to an on-line tool external to the domain of the Instituto Tecnológico de Aragón, the message will be transmitted to the tool of the qualified trustworthy provider in order to guarantee the anonymity and the protection of the data of the complainant.
Therefore, this tool may be used by any person linked with an employment or training relationship to the Instituto Tecnológico de Aragón or any other third person or omissions constituting a serious or very serious criminal or administrative offence, which European Union law when it affects the matters listed in Annex I of Directive (EU) 2019/1937, or affects the financial interests of the Union or affects the internal market and/or is contrary to the international standards of the entity.
Through this channel, you can request that the filing of the complaint is carried out in person, being informed the complainant that in this case the anonymity is lifted, although the confidentiality of the information is guaranteed throughout the procedure. You can obtain more information in the User’s Manual provided by the entity.
This whistleblower channel is not the ideal channel for issues related to their conditions of employment or disciplinary matters. In this case, you must follow the policies established in your organization.
Access the main principles of ITA’s information channel management procedure.
The Instituto Tecnologico de Aragon as responsible for the processing of data that. in fulfillment of a legal obligation under Lev 2/2023. of February 21. The company will process the information for the purpose of handling the reports received through the channel, ensuring the confidentiality of the data of the person reporting them to third parties unless their identification constitutes a necessary obligation imposed by EU or national law in the context of an investigation carried out by the national authorities or in the framework of a judicial proceeding. in which case it shall be communicated to the competent authorities in the matter. Your data will be kept for a maximum period of months from the introduction of the data in the channel, after which it will be deleted from the channel, but may remain blocked as necessary to demonstrate the operation of the crime prevention model or may be required by the competent authority for the initiation of the corresponding investigation of the facts. For more information about the processing of your data or how to exercise your rights, please refer to our Privacy Policy.
