On February 21, 2023, Law 2\/2023 of February 20 was published in the Official State Gazette (BOE), regulating the protection of individuals who report regulatory breaches and combating corruption. This law transposes Directive (EU) 2019\/1937 of the European Parliament and of the Council of October 23, 2019, regarding the protection of persons who report breaches of Union law. This Law imposes the obligation to create or enable an Internal Information System, Whistleblowing Channel, or Ethics Channel for companies with fifty (50) or more employees.<\/p>\n
The Board of Directors of TEXTISOL, S.L. (hereinafter TEXTISOL) expresses its commitment to regulatory compliance through the approval of this Ethics Channel Policy, in accordance with Article 13.1.g) of Law 2\/2023 of February 20.<\/p>\n
This Policy is also established as a strategic objective of TEXTISOL, with the aim of ensuring proper protection of whistleblowers as provided by law and cooperating diligently in the fight against corruption.<\/p>\n
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The Ethics Channel Policy is the document governing the entire System, establishing the general principles and values that should guide the implementation of this matter at TEXTISOL.<\/p>\n
TEXTISOL\u2019s commitment through this Policy is to:<\/strong><\/p>\n The Ethics Channel is the tool implemented by decision of TEXTISOL\u2019s Board of Directors that serves as a registry of all complaints received, as well as all actions and decisions taken regarding them. Therefore, the Ethics Channel serves to record, organize, document, and monitor complaints as required.<\/p>\n \u00a0<\/p>\n 3.1. Material Scope<\/strong> Adapting this premise to TEXTISOL\u2019s specific situation, and in order to facilitate the use of internal reporting channels by all stakeholders, the following matters may be reported:<\/p>\n 3.2. Personal Scope<\/strong> \u00a0<\/p>\n To comply with legal requirements and establish the hierarchy of internal documents: <\/p>\n The Ethics Channel guarantees whistleblower protection under the following principles: <\/p>\n TEXTISOL\u2019s Board of Directors must appoint an Ethics Channel Manager responsible for its implementation and management.<\/p>\n The Manager must act independently and autonomously, with sufficient resources, as established by Law 2\/2023. This role may be assigned to the compliance function.<\/p>\n At TEXTISOL, the Ethics Channel Manager will be the Compliance Committee.<\/p>\n \u00a0<\/p>\n Whistleblowers are entitled to protection measures under Articles 35 and 36 of Law 2\/2023.<\/p>\n Retaliation is strictly prohibited and includes any action or omission causing disadvantage due to reporting.<\/p>\n Examples of retaliation include:<\/p>\n Affected persons retain rights to presumption of innocence, defense, and confidentiality.<\/p>\n 7.1. Exclusions<\/strong> \u00a0<\/p>\n Data processing complies with GDPR (EU) 2016\/679 and relevant Spanish laws.<\/p>\n Data will only be used for its intended purpose, ensuring confidentiality and restricted access.<\/p>\n Rights of access, rectification, erasure, restriction, objection, and portability may be exercised by contacting TEXTISOL or via the Ethics Channel.<\/p>\n \u00a0<\/p>\n Sanctions under Law 2\/2023 may include: <\/p>\n \u00a0<\/p>\n TEXTISOL will promote training and awareness of the Ethics Channel and publish it on its website and intranet.<\/p>\n \u00a0<\/p>\n The Ethics Channel is approved by the Board and will be implemented after consultation with employee representatives.<\/p>\n It will be reviewed annually or when necessary, with updates reported to the Board.<\/p>\n —<\/p>\n If you want, I can adapt it to a more formal legal English style (UK vs US) or simplify it.<\/p>\n\n
3. Scope of Application<\/h2>\n
\nIn accordance with Article 5 of Law 2\/2023 on the Internal Information System, \u201cthe different internal reporting channels established within the entity must be integrated into the same system.\u201d<\/p>\n\n
\nTEXTISOL\u2019s Internal Information System applies to whistleblowers working in the private or public sector who have obtained information about breaches in a work-related or professional context, in accordance with Article 3 of the Law, including:<\/p>\n\n
4. Regulatory Framework at TEXTISOL<\/strong><\/h2>\n
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5. Guiding Principles of the Ethics Channel<\/strong><\/h2>\n
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6. Ethics Channel Manager<\/strong><\/h2>\n
7. Protection of Whistleblowers and Affected Persons<\/strong><\/h2>\n
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\nProtection does not apply to:<\/p>\n\n
8. Personal Data Protection<\/h2>\n
9. Sanctions Procedure<\/h2>\n
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10. Training, Publication, and Dissemination<\/h2>\n
11. Approval and Review<\/h2>\n