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Whistleblowing/ If you discover serious grievances in the LOK association or want to point out problems that are not being addressed or pointed out, you have the opportunity to make an anonymous (or non-anonymous) report under the Whistleblower Protection Act.

What is whistleblowing?

Whistleblowing means drawing attention to serious grievances in the company. This may involve violations of the law, corruption or risks to health and the environment. Whistleblowing is about pointing out these problems, even if other people in the company prefer to keep them secret or at least do not want to discuss them. By passing on information to internal or external bodies, the aim is to draw attention to the problem and bring about change. Due to their work in the company, whistleblowers often have special (insider) knowledge about what is happening in the company and can therefore help society to clarify and eliminate grievances.

 

What risks do whistleblowers face?

Whistleblowers take personal risks, as employers could misinterpret the disclosure of grievances as a breach of trust and put the person in question at a disadvantage. This is why the Whistleblower Protection Act guarantees whistleblowers protection against discrimination (e.g. through an anonymous reporting procedure, confidentiality in the processing of the report and the prohibition of reprisals).

 

Who is the whistleblowing directed at?

Whistleblowing in general can be addressed to superiors, supervisory bodies, institutions outside the company, authorities and the general public.

In this case, information is entered via a platform, checked and forwarded to the responsible office in the company.

 

What is not whistleblowing?

Whistleblowing must be distinguished from gossip, bullying, defamation and slander or similar. In these cases, only personal interests are being pursued and it is neither about illegal activities nor about warning the public.

How can I make a report?

Every company must create an opportunity to provide anonymous information. For this reason, the LOK association has commissioned the "hinweisgeberschutz.at" platform to classify and forward incoming information. All information is processed anonymously and forwarded to an internal office at LOK. The information is reviewed internally within 3 months and the whistleblower receives feedback on the results. The information is then stored for 5 years after the last processing.

How does the hinweisgeberschutz.at platform work?

We have set up a secure online form application that can be used to submit reports either personally (stating name and contact details) or anonymously. It is also possible to submit file attachments. In the form application, you must specify the institution to which your report refers. Please state the exact wording of our institution here.

 

It is up to you to decide whether you wish to submit a personal or anonymous report. Depending on your choice, our online form application provides for a corresponding procedure.

16-digit numerical code

In any case (i.e. regardless of whether you submit the report personally or anonymously), you will automatically receive a randomly generated 16-digit numerical code once you have entered your report into our whistleblowing system. You can use this to log into the whistleblower system and check the current processing status of your report.

 

We recommend that you write down the 16-digit numerical code, take a photo of it or save it digitally using the "copy/paste" function. Please note that, for security reasons, the 16-digit numerical code cannot be restored if it is lost and (further) login is therefore no longer possible. If you submit a note anonymously and your 16-digit numerical code is lost, it will no longer be possible to communicate with us.

Please also note that the 16-digit numerical code may not be disclosed to unauthorized persons. We and the operator of the whistleblowing system expressly exclude any liability for any misuse or intentional or unintentional disclosure of the 16-digit numerical code to third parties.

What happens when I submit a report?

If you submit a report (personalized with your name and contact details or anonymous without providing contact details), we will confirm receipt of the report within a maximum period of seven days, review the report internally and inform you of the results of this review and any measures we have taken within a maximum period of three months. If necessary, for example to clarify your details, we may also contact you. Contact will be made either via the contact details you have provided or, in the case of an anonymous report, via the chat function in the whistleblower system.

 

Information pursuant to Article 13 of the General Data Protection Regulation

If you submit a report via our internal whistleblower system, the personal data you provide (in particular the plain text to which the report relates and any file attachments transmitted) will be processed by us for the purpose of internal review of the report and to take any necessary measures. In doing so, we rely on Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons who report breaches of Union law and on the Federal Act on the Procedure and Protection in the Event of Reports of Breaches of the Law in Certain Legal Areas (Whistleblower Protection Act - HSchG).

 

Personal data will not be forwarded to third parties. Exceptions to this are only made if we are legally entitled or obliged to do so (e.g. reporting to the competent law enforcement authorities if our internal review of the report confirms the suspicion of a criminal offense), if we use external service providers with whom we have concluded an order processing contract in accordance with Article 28 of the General Data Protection Regulation as part of the provision of the online form application, or if you give us your consent in advance.

 

Personal data will only be processed and stored for as long as is necessary for the above-mentioned purposes. Legal documentation and retention obligations may result in a longer storage period. Your personal data will be deleted after the relevant periods have expired, unless there is another legal basis for longer storage in accordance with the General Data Protection Regulation.

Reports of breaches of EU law can be submitted here:

To the online form application

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