Communications Channel

The Communications Channel is the appropriate means of contact for all members of Barberán and other interested parties (suppliers and collaborators) to report possible breaches of Barberán’s internal regulations or events constituting a crime or administrative offence (hereinafter, “irregularities”) occurring within the organisation.

This Channel is not the appropriate channel for direct contact with the Data Protection Delegate, nor for the presentation of complaints related to Barberán’s products and services.

Barberán manages the communications on irregularities through a software specifically enabled for this purpose to ensure compliance with the applicable regulations. At the request of the interested party, complaints may also be submitted by means of a face-to-face meeting.

Without prejudice to the above, the interested party may contact the Independent Whistleblower Protection Authority. In Catalonia, this is the Anti-Fraud Office (https://www.antifrau.cat).

What can be reported through the Channel?

Infringements of European Union law affecting the financial interests of the EU or affecting the internal market, such as public procurement; financial services and prevention of money laundering and terrorism; product, transport and food safety; environmental protection; radiation and nuclear safety; public health; consumer protection; protection of privacy and personal data; EU financial interests; infringements relating to the internal market, including competition rules, aid granted by States, as well as those relating to the processing of corporate tax.
Actions or omissions that may constitute a serious or very serious criminal or administrative offence or any violation of the rest of the legal system, provided that, in any of the cases, they directly affect or undermine the general interest, and do not have a specific regulation. In any case, the general interest shall be deemed to be affected when the action or omission in question involves financial loss for the Public Treasury.
Conduct contrary to Barberán’s internal regulations, such as the Code of Ethics.

How are incoming communications managed?

The management of the Communications Channel is carried out by a third party external to the organisation who is responsible for receiving the communications, thus guaranteeing maximum respect for independence and confidentiality.

Barberán undertakes to send acknowledgement of receipt within a maximum period of 7 calendar days from the date of receipt of the communication.

The person responsible for the management of the Channel will analyse the content of the information and will assess its relevance, objectively and impartially.

Once the investigative actions have been completed, the maximum period for responding to them shall not exceed three months from the date of receipt of the communication, except in cases of particular complexity that require an extension of the period, in which case, this may be extended up to a maximum of three additional months.

In any case, additional information may be requested from the informant.

Barberán has a registration system in which the communication received and the investigations carried out will be recorded, with access restricted to the Channel Manager, Human Resources Manager and the Channel’s external manager.

Principles of action

Confidentiality: it is guaranteed that only the people who manage the Channel will have access to the communication and only they will communicate with the informant.

Anonymity: communications can be both with identification of the informant and anonymous.

Prohibition of retaliation and whistleblower protection: whistleblowers and persons collaborating in an investigation are protected against retaliation and may not be penalised or suffer any negative consequences for having reported wrongdoing. This guarantee may be extended to persons associated with the whistleblower.

Rights of the affected person: the person affected by the communication shall have the right to be informed of the actions or omissions attributed to him/her, and to be heard at any time. The presumption of innocence and the honour of the persons concerned shall be respected.

Protection of personal data: The applicable data protection regulations will be fully complied with. Personal data will not be collected where it is not manifestly relevant to the processing of the specific information and, if accidentally collected, will be deleted without undue delay. Measures shall also be implemented to prevent unauthorised access.