Whistleblowing policy
Group van havermaet

 

Article 1: Purpose and Scope

This whistleblowing policy aims to provide both internal employees and third parties with a safe framework within which they can report breaches or reasonable suspicions of breaches of European Union law or areas covered under the Belgian whistleblowing legislation.

Specifically, reports may be made regarding breaches in the following areas:

  • Public procurement;
  • Financial services, products, and markets; prevention of 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 personal privacy and data, and security of network and information systems;
  • Combating tax fraud;
  • Social fraud prevention;
  • Breaches harming the financial interests of the Union;
  • Breaches related to the internal market, including breaches of EU rules on competition and state aid.

 

Article 2: Internal Reporting Channel

  • Access
    The employer establishes an internal reporting channel for whistleblowers.
    Anyone wishing to make a report is encouraged to use the internal reporting channel first.
    Within the Van Havermaet group, reports can be directed to Ms. Elly Smets via the following methods:

    • By phone: +32 11 301350
    • By email: klokkenluidersregeling@vanhavermaet.be

    Reports may be submitted either orally or in writing. An appointment with Ms. Smets can be arranged within a reasonable time frame using the contact details provided.

  • Handling
    The management of reports is organized to ensure that:

    • The whistleblower receives an acknowledgment of receipt within seven days;
    • The whistleblower’s identity and any named third parties are protected;
    • Unauthorized persons have no access to the report;
    • The report is shared with the management or the responsible partner for verification of its claims. The course of action for investigating the reported breach—such as an internal preliminary investigation, an in-depth inquiry, or termination of the procedure—is determined in consultation;
    • A response is provided within a maximum of three months after acknowledgment of receipt.

 

Article 3: External Reporting

Anyone who does not wish to make an internal report can contact the Federal Coordinator or the competent authorities, depending on their respective mandates.

The Federal Coordinator’s contact details are available at this link.

The competent authorities include:

  1. Federal Public Service Economy, SMEs, Self-Employed and Energy;
  2. Federal Public Service Finance;
  3. Federal Public Service Public Health, Food Chain Safety, and Environment;
  4. Federal Public Service Mobility and Transport;
  5. Federal Public Service Employment, Labour, and Social Dialogue;
  6. Federal Public Planning Service Social Integration, Poverty Reduction, Social Economy, and Urban Policy;
  7. Federal Agency for Nuclear Control;
  8. Federal Agency for Medicines and Health Products;
  9. Federal Agency for the Safety of the Food Chain;
  10. Belgian Competition Authority;
  11. Data Protection Authority;
  12. Financial Services and Markets Authority;
  13. National Bank of Belgium;
  14. Supervisory College of Statutory Auditors;
  15. Authorities listed in Article 85 of the Anti-Money Laundering Act of 18 September 2017;
  16. National Committee for the Security of Drinking Water Supply and Distribution;
  17. Belgian Institute for Postal Services and Telecommunications;
  18. National Institute for Health and Disability Insurance;
  19. National Institute for Social Security for the Self-Employed;
  20. National Employment Office;
  21. National Social Security Office;
  22. Social Intelligence and Investigation Service;
  23. Autonomous Anti-Fraud Coordination Service (CAF);
  24. Shipping Inspection.

These authorities publish conditions for protection eligibility, remedies against retaliation, contact information, applicable procedures, confidentiality rules, and how reports are followed up on their respective websites.

Reports can be submitted orally or in writing, and whistleblowers may request a physical meeting within a reasonable time frame.

Report management ensures that:

  • Acknowledgment of receipt is provided within seven days;
  • A response is guaranteed within three months, or six months if duly justified;
  • Staff designated to handle reports receive specific training and are bound by confidentiality obligations.

 

Article 4: Public Disclosure

A person making a public disclosure qualifies for protection under the whistleblowing law if one of the following conditions is met:

  • The individual made an internal and/or external report, but no appropriate measures were taken within the prescribed period;
  • The individual has reasonable grounds to believe that:
    • The breach poses an imminent or real danger to the public interest; or
    • Internal and/or external reporting could result in retaliation, or the breach is unlikely to be effectively addressed due to specific circumstances, such as evidence being concealed or destroyed, or the authority colluding with or being involved in the breach.

This does not apply to cases where a person directly provides information to the press under specific provisions that establish protections for freedom of expression and information.

 

Article 5: Data Processing, Confidentiality, and Report Registration

The data controller within Van Havermaet is Ms. Elly Smets.

Only strictly necessary data will be processed to comply with legally required investigations.

The whistleblower’s identity will not be disclosed to unauthorized personnel unless necessary and proportionate under legal obligations related to the investigation or legal proceedings, including safeguarding defense rights.

Whistleblowers whose identities are disclosed will receive prior written justification.

Van Havermaet maintains a register of all reports. Reports, including personal data and supporting information, will be retained for at least the duration of the contractual relationship and, at most, for the statute of limitations on potential legal claims.

Individuals may request access, rectification, or deletion of their personal data or object to its processing. Complaints may also be filed with the Data Protection Authority.

 

Article 6: Protective Measures

  1. Prohibition of Retaliation
    All forms of retaliation, including threats and attempts, are prohibited, including but not limited to:

    • Suspension, dismissal, or similar measures;
    • Demotion or denial of promotion;
    • Task reassignment, relocation, wage reduction, or work schedule changes;
    • Denial of training;
    • Negative performance evaluation or references;
    • Imposition or enforcement of disciplinary measures, reprimands, or sanctions;
    • Harassment, intimidation, or exclusion;
    • Discrimination or unequal treatment;
    • Non-renewal of a fixed-term contract when a permanent contract was reasonably expected;
    • Early termination or non-renewal of a temporary contract;
    • Damage, including reputational harm (e.g., on social media) or financial losses;
    • Blacklisting in a sector or industry;
    • Early termination or cancellation of service contracts;
    • Revocation of licenses or permits;
    • Psychiatric or medical referrals.

    Anyone feeling victimized or threatened by retaliation may file a complaint with the Federal Coordinator.

  2. Support Measures
    Whistleblowers may access various support measures, including:

    • Comprehensive and independent advice on available remedies and protection against retaliation, free of charge;
    • Technical advice relevant to any authority;
    • Legal assistance;
    • Support measures, including technical, psychological, media-related, and social support;
    • Financial assistance during legal proceedings.

     

The Federal Institute for the Protection and Promotion of Human Rights oversees implementing these support measures.