The Whistleblowing Channel is a safe way for employees, suppliers, customers, service providers, etc., to report any infraction that they have become aware of or witnessed, within the context of their activity, committed by the Onyria Group or by one or more of its employees, without being penalized in any way as a result of this report, if they have proceeded in good faith in the conviction that they are reporting a true and verifiable fact.
This is an instrument of self-regulation and self-control that allows the Onyria Group to act on the facts and correct any deviant or illicit actions in order to prevent them from occurring in the future, guaranteeing compliance with the law, regulations and procedures in force.
The areas subject to internal complaint, in accordance with Law 93/2021, 20/12, are restricted to:
• Crimes or administrative offenses in the areas of public procurement;
• Financial services, products and markets and 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 animal welfare;
• Public health;
• Consumer protection;
• Protection of privacy and personal data and network and information systems security;
• Act of corruption or related offense, contrary to and detrimental to the interests of the European Union;
• Act or omission contrary to market rules;
• Violent, especially violent and highly organized crime.
The crime of corruption is defined as an act or omission, whether lawful or unlawful, in which the consideration is not due, either to oneself or to a third party.
This can include the crimes of corruption (active and passive), undue receipt and offering of an advantage, embezzlement, economic participation in business, concussion, abuse of power, prevarication, influence peddling, money laundering or fraud in obtaining or diverting a subsidy, grant or credit, all of which are provided for in the Penal Code.
Anyone who reports an infringement on the basis of information obtained in the course of their professional activity is considered a whistleblower, regardless of the nature of the activity and the sector in which it is carried out, such as workers, service providers, contractors, subcontractors and suppliers, volunteers and trainees.
Complaints can also be made by any citizen, even if they have no direct connection to the organization.
Complaints that do not fall within the previously mentioned terms will be closed.
Reports should be as detailed as possible, objectively stating the facts of which you are aware and any documents or other evidence you may have. Please fill in the form available on the website: https://grupoonyria.form.maistransparente.com/.
Complaints can also be submitted in writing and/or verbally, in the latter case at a face-to-face meeting requested by the complainant, by e-mailing email@example.com.
After submitting the complaint to the channel, the complainant is notified within 7 days of receipt of the complaint and other information.
The person in charge verifies the allegations contained in the complaint and, where appropriate, proceeds to deal with the reported infringement, including by opening an internal investigation or notifying the competent authority for investigating the infringement, including the institutions, bodies, offices or agencies of the European Union.
Within a maximum period of three months from the date of receipt of the complaint, the complainant shall be informed of the measures planned or adopted to follow up on the complaint and the reasons for them.
Right to anonymity
To benefit from anonymity, you should select this option when filling in the form. Please note, however, that anonymity will not allow you to be notified at this stage, nor will it allow you to be asked for further clarification of the facts reported. Please also note that submitting a complaint by email or at a face-to-face meeting guarantees the confidentiality of the complainant's identity, but not their anonymity.
Right to confidential identity
The identity of the whistleblower, as well as any information that directly or indirectly makes it possible to deduce their identity, is confidential in nature and is restricted to those responsible for receiving or following up on complaints. It is only disclosed as a result of a legal obligation or court decision.
The whistleblowing channel is operated by employees dedicated to receiving, processing and following up on complaints, guaranteeing their independence, impartiality, confidentiality, absence of conflict of interest and respect for data protection in the exercise of these functions.
The whistleblowing channel is only operated by employees specifically designated for this purpose, and access is forbidden to unauthorized persons.
Protection of personal data
Personal data that is evidently not relevant to the processing of the complaint will not be kept and must be deleted immediately.
Whistleblower's Right to Protection
The whistleblower benefits from special conditions of protection which, among other things, aim to prevent retaliatory actions (direct or indirect).
In order for the whistleblower to benefit from the protection conferred by law, it is necessary that the complaint is made in good faith, i.e. there are serious grounds for believing that the information is true, at the time of the complaint or public disclosure.
Prohibition of retaliation:
The whistleblower is especially protected against possible acts of retaliation, and threats, acts or omissions or attempts which, directly or indirectly, occurring in a professional context and motivated by internal whistleblowing, cause or may cause the whistleblower, in an unjustified manner, pecuniary or non-pecuniary damage, are prohibited.
The whistleblower is entitled, in general terms, to legal protection and may benefit, in general terms, from measures for the protection of witnesses in criminal proceedings.
Reporting a crime in accordance with the requirements of Law no. 93/2021 of 20 December does not in itself constitute grounds for disciplinary, civil, misdemeanor or criminal liability on the part of the whistleblower.
The competent authorities shall provide the necessary assistance and collaboration to other authorities in order to guarantee the protection of the whistleblower against acts of retaliation, including by certifying that the whistleblower is recognized as such under this law, whenever the whistleblower so requests.
Right to follow the complaint
The complainant has the right to follow-up on the complaint, i.e. they will be notified within seven days of receipt of the complaint; they will be informed, within a maximum of three months of receipt of the complaint, of the measures planned or adopted to follow up on the complaint and the reasons for them.
You can request, at any time (once 15 days have elapsed after the complaint has been processed), to be informed of the result of the analysis carried out on the complaint.
Right to add new elements or clarifications to your complaint
The complainant also has the right to add new elements to their complaint, using the same means as the initial complaint.
The use of the Whistleblowing Channel is an exercise in citizenship, so misuse and/or knowingly making false statements can compromise its purpose. It is the whistleblower's duty to make their complaint in good faith, presenting substantiated and detailed evidence/facts and, as far as possible, accompanied by proof.
It should be clarified that the protection of the whistleblower does not exclude the procedural rights or guarantees granted, in general terms, to the persons targeted in the complaint, who, if the allegations against them are not proven, have the right to take legal action, namely under the provisions of article 365 of the Penal Code, in accordance with the provisions of the Code of Criminal Procedure. According to Article 365 of the Penal Code, "Whoever, by any means, before an authority or in public, in the knowledge that the imputation is false, denounces or casts suspicion on a certain person for committing a crime, with the intention of having that person prosecuted, shall be punished with imprisonment of up to 3 years or with a fine. If the conduct consists of falsely imputing an administrative offense or disciplinary fault, the perpetrator shall be punished with imprisonment of up to 1 year or a fine of up to 120 days."