If you have obtained information about a legal violation that you would like to report due to your current or past work activities connection to the FACC group companies FACC AG, FACC Operations GmbH and CoLT Prüf und Test GmbH, our internal Whistleblower System is available to you.
Information about the options and procedure for the use of the Whistleblower System can be found here.
Use of the internal Whistleblower System
What is an internal Whistleblower System?
Our internal Whistleblower System in accordance with Hinweisgeberinnenschutzgesetz (HSchG) receives reports of legal violations listed in the HSchG. Furthermore, it is also possible to report other serious compliance matters.
As whistleblowers, people who report such a violation can be protected from negative consequences defined by law.
Who may submit a report?
The following persons who have obtained information about legal violations due to your current or past work activities connection to the FACC group companies FACC AG, FACC Operations GmbH and CoLT Prüf und Test GmbH, shall have the opportunity to submit a report to our internal whistleblower system:
- Employees and contractual staff
- Interns, volunteers, apprentices and other trainees
- Self-employed people and freelancers
- Members of an administrative, management or supervisory body
- Persons working under the supervision and direction of our company’s contractors, subcontractors or suppliers
- Applicants
What can be reported?
Our internal Whistleblower System is mainly available for reporting of legal violations in accordance with § 3 HSchG. In particular, the following areas are included:
- Criminal acts
- Violations of public procurement law
- Product safety and compliance violations, component related violations, safety related violations
- Violations of transport safety law and environmental protection law
- Violations of radiation protection, nuclear safety and public health law
- Violations of food and feed safety, animal health and animal welfare regulations
- Violations of consumer protection law
- Violations of privacy protection and personal data law, IT-security regulations
- Corruption and bribery
- Financial services, prevention of money laundering and terrorist financing
- Violations of antitrust or competition law, violations of EU rules protecting the internal market and the EU’s financial interests
- Export control violations
- Infringements of intellectual property rights
- Other serious compliance matters stated in the FACC Code of Conduct
Where can a legal violation be reported?
Our internal Whistleblower System can be reached by email or telephone:
- Email: integrity@facc.com
- Telephone: +43 59 616-3951
Is the identity of the Whisleblower protected as part of the report?
Anonymous reports are permitted. In this case, our internal Whistleblower System protects your anonymity.
If you reveal your identity when submitting a report or subsequently, or if conclusions can be drawn during an investigation, your identity will be treated confidentially. This applies to our internal Whistleblower System, all internal bodies involved in processing your report and external bodies to which your data may have to be disclosed.
Important note to the protection of your identity: Please note that your personal data (if it can be determined or revealed) may have to be disclosed in certain cases regulated by law. In particular, once there is an initial criminal suspicion in accordance with § 1 Para 3 of the Strafprozeßordnung 1975 (StPO), the provisions of the StPO apply.
Our data protection statement for the internal Whistleblower System can be found here.
How is a whistleblower protected?
As whistleblowers, people who report a legal violation can be protected from negative consequences defined by law. The HSchG offers protection against negative consequences that occur in connection with a (justified) report.
This includes, for example, protection against unjustified dismissal, non-renewal of a fixed-term employment contract, the issuance of a negative employment reference, disciplinary measures or license revocation.
Who else is protected?
The protection of the HSchG can also apply to:
- People who support the whistleblower in reporting
- People who are connected to the whistleblower and who may be affected by negative consequences in a work context (e.g. colleagues or relatives).
What happens if there are false reports?
Anyone who knowingly reports false information commits an administrative offense and, unless the offense is punishable by a more severe penalty under another provision, is to be punished by the district administrative authority with a fine of up to 20,000 euros, and in the event of a repeat offense of up to 40,000 euros.
There is also the possibility of consequences under labor law, civil law and criminal law.
Use of the external reporting channel
A report should primarily be submitted to our internal Whistleblower System.
If this is not possible, not appropriate or unreasonable, the Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung is available to you as an external reporting channel. Information about the options and procedure for the use of this external reporting channel can be found here.