Whistleblowers Authority
The Dutch Whistleblowers Authority Act (the Act) came into effect on the 1st of July 2016. The Act obliges all organizations in the Netherlands with more than fifty employees to introduce a procedure to report internal wrongdoings by the organization (a so called Whistleblowing Alert). Previously this right was only reserved for employees of the organization. However with the entry into force of the updated Act on the 18th of February 2023 the scope of persons that can raise a Whistleblowing Alert has expanded.
What is an Alert?
An Alert can be defined as the reporting , without direct financial consideration and in good faith, of information about:
- A crime or an offence;
- A threat or harm to the public interest;
- A violation or an attempt to conceal a violation of applicable and binding law;
-An international norm;
-A unilateral act of an international organization adopted on the basis of such norm;
-A law or a regulation; or - A breach of the Group Code of Conduct.
Who are allowed the raise a Whistleblowing Alert?
Next to BNP Paribas employees the BNP Paribas Whistleblowing channel is open to the following external third parties amongst others:
- Former Group Employees for reporting information obtained in the context of work-related activities in the Group;
- Applicants for employment for reporting information obtained during the application process;
- Shareholders and members of the Board of Directors;
- Co-contractors (e.g. suppliers), and their sub-contractors, as well as the members of their administrative, management or supervisory bodies, and their employees for information obtained in the context of work-related activities.
Methods for raising a Whistleblowing alert
All parties can raise a Whistleblowing alert either via:
- The internal Whistleblowing channel of BNP Paribas: BNP Paribas whistleblowing framework – BNP Paribas (group.bnpparibas)
- The Whistleblowing channels that are made available by local authorities[1].
Information to be provided by the reporting person
Regardless of the whistleblowing channel used, the reporting person shall provide accurate and factual information available to him/her, and if possible documents, regardless of their form or medium, in support of the report. Information and documents provided must present a direct link with the object of the report.
Protection of Confidentiality
The BNP Paribas whistleblowing framework ensures the confidentiality during the collection and processing of the reports, of the identity of the whistleblowers and any persons mentioned, including the Targeted Person(s), and of the information collected in the report.
Protection of the Whistleblower against risks of retaliation
No person may be retaliated against for a report made without direct financial consideration and in good faith, even if the investigation has not confirmed the allegations raised in the Alert.
The protection of the Whistleblower doesn’t apply for persons who make malicious or abusive reports or deliberately and knowingly report wrong (even partial) or misleading information.
[1] For example the whistleblowing channels of the Huis voor klokkenluiders; Ik vermoed een misstand | Huisvoorklokkenluiders, DNB: DNB Meldpunt Misstanden and the AFM; Bescherming klokkenluiders (afm.nl).