Whistleblowing Policy Spain
1 Introduction
In accordance with the principles of the Code of Conduct of ELCA Group SA, as well as with the Company Regulations, Equality Plan Framework, and other policies and processes of ELCA Information Technology S.L.U. (hereinafter “ELCA” or “the Company”), we have implemented this Whistleblowing Policy (hereinafter “the Policy”).
It adheres to the requirements of the EU Whistleblowing Directive 2019/1937 of the European Parliament and of the Council and the local legislation of Law 2/2023 of Spanish Whistleblowing Act.
2 Principles
We foster a culture of honesty, transparency and accountability, encouraging all employees, customers and any other stakeholders to act accordingly and to voice any legitimate concerns they may have regarding wrongdoing within the Company. Whistleblowing is a confidential process allowing and encouraging individuals to report suspected or actual wrongdoing.
3 Personal Scope
This Policy applies to employees, interns, self-employees, shareholders and persons belonging to the administration, management or executive board, including non-executive members, contractors, subcontractors, suppliers, and any other stakeholders that have a professional relationship with ELCA (hereinafter “Whistleblower(s)”).
4 Material Scope
Any act or omission shall be reported which may constitute
an infringement of European Union law or local regulations
a serious criminal, administrative or tax offense
a breach of ELCA’s codes or any other internal policies
- any other action that may be against our corporate conduct or other similar unlawful activity
Examples to be reported
The Whistleblowing Policy applies to, but is not limited to, the following violations or breaches:
Competition clauses and antitrust regulations
Anti-money laundering regulations
Fraud, theft
Anti-bribery, anti-corruption and regulations
Gifts, entertainment and hospitality regulations
Conflicts of interest
Environmental, health & safety and security issues
Discrimination and harassment
Equal Opportunities
Data protection
Disclosure of confidential information
Abuse of authority
5 Complaints
Individuals are encouraged to report any non-compliance with the above principles or raise their concerns. We take all honest and genuine whistleblowing with the utmost seriousness and handle all cases with confidentiality. Reports can be made in writing via email, mail or the company website contact form, or orally through face-to-face meeting, video conference, telephone call or voice message (with notes taken, subject to the Whistleblower’s consent).
Reports of non-compliances and breaches to the Trusted Representatives (the HR Manager and the Payroll Specialist) or to the System Manager (the Head of Operations Spain). Employees who do not want to report to the above, they have the right to contact to their line manager, the Chief Human Resources Officer, the Group General Secretary, the General Counsel, the Chief Information Security Officer and Data Privacy Officer.
Individuals outside the Company shall report to the Trusted Representatives or to the System Manager via the contact provided below in this document or through the Company’s website.
Reports should contain at least the following:
Name and surname(s) of the person being reported
Date of the events and all relevant information
Any documents or other evidence, if available
Address, e-mail address or any other safe place where Whistleblower would like to receive notifications
Individuals can report claims anonymously without providing their name or contact details. Anonymous reports can be made via mail or telephone. The individual reporting is made aware that resolution of anonymously reported fact patterns may be difficult.
6 Internal process to handle complaints
We prioritize the resolution of all reported cases with responsibility and diligence, ensuring a timely and efficient process. Our approach to addressing complaints is as follows:
acknowledge receipt and address the complaint within 7 calendar days;
review applicable laws, regulations, and company policies;
no further action: did not constitute a breach or violation, or was aligned with the corporate behaviors and values, or the information was insufficient to investigate
internal investigation: kick it off to determine the misconduct
gather relevant information with confidentiality, including collecting evidence and speaking to relevant witnesses independently;
assess intent vs. impact;
decide whether internal resolution is necessary, and if so, whether it is sufficient, or if external involvement of civil or criminal law authorities is necessary;
document the key and all relevant aspects of the investigation process, including the steps leading to the decision and the final resolution;
inform the relevant parties, implement necessary actions and corresponding measures.
Feedback is provided no later than 3 months. In the case of a challenging situations, this deadline can be extended by another 3 months. Relevant individuals will be informed about the extension of the deadline in a timely manner.
Wherever possible, we aim to resolve complaints as they arise, before they become major problems.
7 External channels
Anyone can report to the Independent Whistleblower Protection Authority or to the corresponding regional authorities or bodies.
8 Our commitment
Confidentiality
We handle all complaints confidentially, ensuring that the Whistleblower’s details are kept confidential. Information will only be disclosed if it is necessary to resolve the reported incident, otherwise it will be restricted to the Trusted Representative, System Manager and other authorized employees who are competent to receive or follow-up on reports.
Beside the above, we will share information only with the explicit consent of the Whistleblower. We only keep records for as long as necessary, and all processing of personal data is conducted in accordance with GDPR.
Protection from retaliation
ELCA guarantees the protection of the rights of Whistleblowers who raise their concerns in good faith, ensuring there is no retaliation against them. ELCA will prevent and/or sanction any adverse action against the Whistleblower resulting from the reporting.
Protection is extended to all individuals who have had or currently have professional or employment relationships with ELCA, as well as those who may have such relationship in the near future.
The protection of the law is also extended to individuals who provide assistance or support to the Whistleblower, including the colleagues or the relatives of the Whistleblower.
9 Other provisions
This Policy is subject to review based on changes in legislation. We ensure that the content of the Policy remains aligned with the standards and regulations in effect. We document each complaint, and its resolution, which we also review during the periodical review of the company policies, and adjustments are made as necessary to enhance the effectiveness of the whistleblowing process.
This Policy has been approved by the Executive Board in March 2024 and has been implemented by the System Manager and the Trusted Representatives. Overall responsibility for the effectiveness of it lies with Rafael Rubio Cruz as System Manager. The System Manager with the Trusted Representatives ensure the smooth running of the process detailed in the Policy. Changes made on the Policy are subject to the approval of the Executive Board.
For further information, please contact our Trusted Representatives or System Manager.
Contact details:
System Manager
Rafael Rubio Cruz
Head of Operations
E-Mail: rafael.rubio@elca.ch
Tel.: 958 05 60 96
Trusted Representatives
| Marta Raboso Adarme | Jesús Cabrera Viñolo | |
| HR Manager | Payroll Specialist | |
| E-Mail: marta.raboso@elca.ch | E-Mail: jesus.cabrera@elca.ch | |
| Tel.: 958 05 60 | Tel.: 958 05 60 96 |
Mailing Address
ELCA Information Technology S.L.U.
Calle Andrés Segovia 53 3ª 18008 Granada
Calle Marqués de la Ensenada 2 3ª 28004 Madrid