Whistleblower policy
Article 1. Why do we have a whistleblower policy?
The purpose of this whistleblower policy is to provide a way for internal employees and third parties who, in a professional context, become aware of infractions of EU law or infractions specified by the Belgian government as falling within the scope of the Belgian Whistleblowers Act (see list under Article 3 below) committed by Mervielde NV, Transport Van Heesvelde NV or Tramer BV (hereinafter: whistleblowers) to report these infractions without needing to fear retaliations.
Mervielde NV, Transport Van Heesvelde NV and Tramer BV have established an internal reporting channel for this purpose. Anyone wishing to make a report under the scope of the Belgian Whistleblowers Act should initially use the internal reporting channel.
Article 2. Terms and definitions
This policy uses the following definitions:
Infraction: actions or failures to act that:
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are unlawful and relate to Union acts and policy areas that fall under the scope specified in Article 3, or
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undermine the goal or intent of the regulations in the Union act and policy terrains that fall under the scope specified in Article 3.
Information about infractions: information, including reasonable suspicion, about actual or possible infractions that have taken place or are very likely to take place within Mervielde NV, Transport Van Heesvelde NV or Tramer BV where the whistleblower works or has worked or been in contact for their work, and about attempts to conceal such infractions.
(Whistleblower) report: provision of verbal or written information about infractions.
Internal report: verbal or written information about infractions, shared within Mervielde NV, Transport Van Heesvelde NV or Tramer BV.
External report: provision of verbal or written information about infractions to the competent authorities.
Public disclosure: public provision of verbal or written information about infractions.
Whistleblower: A natural person who reports information about infractions (internal, external, or public report) in the context of their work-related activities.
Subject: a natural person or legal entity who is named in the (internal, external or public) report or public disclosure as the person or entity to whom the infraction is attributed, or as associated with that person/entity.
Facilitator: a natural person who supports a whistleblower through the reporting process in a professional context and whose support must be confidential.
Reprisal: a direct or indirect action or failure to act that takes place in a professional context as a result of an internal or external report or public disclosure and that can or does result in unfair disadvantage to the whistleblower (or to the facilitators or third parties that are associated with the whistleblower).
Follow-up: activity of the recipient of a report or a competent authority to investigate the truth of the claims made in the report and take appropriate measures to deal with the infraction.
Feedback: information given to the whistleblower concerning the follow-up measures that have been taken or planned and the reasons for the chosen follow-up.
Competent authority: the Belgian authority that is designated as per Article 5 of this policy to receive whistleblower reports, give feedback to whistleblowers and organise follow-up.
Professional context: the current or former work activities in the private sector through which, regardless of the nature of the activities, people may obtain information about infractions and in relation to which they may suffer reprisals if they report such information.
Federal coordinator: the authority charged with the coordination of external reports for the private sector, as per Chapter 4 Section 4 of the Belgian Whistleblowers Act.
Report coordinator: the impartial person or service authorised to follow-up on reports, maintain communication channels with the whistleblower and request additional information from them where necessary, provide them with feedback, and, if appropriate, receive whistleblower reports.
Article 3. Reports
The internal reporting channel is accessible 24/7 for:
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employees:
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anyone who becomes aware, in a professional context, of infractions to EU law and/or infractions specified by the Belgian government as falling within the scope of the Belgian Whistleblowers Act
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others (e.g. clients)
“Professional context” means that not only employees and former employees, but also interns, suppliers, freelancers, shareholders, applicants, etc. who have a long-term professional relationship with Mervielde NV, Transport Van Heesvelde NV or Tramer BV may submit a report.
Concretely, a whistleblower may submit a report of an infraction or circumstances that the whistleblower believes in good faith may indicate an infraction in any of the following areas:
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public contracts;
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financial services, products and markets, prevention of money laundering and financing of terrorism:
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product safety and product compliance;
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transport safety;
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protection of the environment;
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radiation protection and nuclear safety;
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safety of foodstuffs and animal feed, animal health and animal wellbeing:
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public health;
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consumer protection;
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protection of the individual’s private sphere and personal data, and security of networks and IT systems;
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infractions whereby the financial interests of the European Union are impacted;
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infractions in relation to the internal market (competition and state aid);
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corporate tax infractions: constructions that are established on this basis are not entitled to receive tax advantages;
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combating tax fraud;
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combating social fraud
Article 4. Internal reports
4.1 Reporting channel and access
A person who becomes aware of an infraction or has reason to believe that an infraction has taken or will take place in relation to one or more of the areas listed in Article 3, and which involves Mervielde NV, Transport Van Heesvelde NV or Tramer BV, can report this infraction at any time by means of the most suitable and accessible channel.
Within Mervielde NV, Transport Van Heesvelde NV or Tramer BV, a whistleblower can submit a written report using the form ‘Internal whistleblower report’. This form can be accessed and completed 24/7 from the Mervielde NV website.
Whistleblowers can also request to report an infraction at a physical meeting with the report coordinator, within a reasonable time period.
4.2 Handling of internal reports
The internal reporting channels for Mervielde NV, Transport Van Heesvelde NV or Tramer BV are managed internally.
The whistleblower will be sent a confirmation of receipt no more than seven days after the report is received.
An impartial person or department will be authorised for the report follow-up and communication with the whistleblower. The risk of conflicts of interest will be kept to a strict minimum throughout this process. If necessary, external investigation resources can be used.
4.3 Notification of government bodies
If a report includes information that must by law be passed on to a government body that is responsible for following up on offences within the areas specified in Article 3, the person or service who is following up on the report must, following comprehensive discussion with the Legal Manager and/or other authorised persons (depending on the nature of the report), pass on the information to the relevant government body within the statutory time period.
4.4 Feedback
The whistleblower will receive feedback about how the report is dealt with. That means that they receive information about what measures are or are not taken, process improvements or changes and any additional steps. This feedback does not include details about specific individuals and may be of a general nature.
If additional investigation has taken or will take place, the report coordinator will monitor the reliability of the investigatory measures and take responsibility for ensuring the rights of third parties are respected.
Within a reasonable time period, and no more than three months after sending the confirmation of receipt, or, if no confirmation of receipt is sent to the whistleblower, three months after the end of a seven-day period following the report, the whistleblower will receive information concerning the measures that have been taken or planned and the reasons for the chosen follow-up.
If it is not possible to give the whistleblower any feedback, then the whistleblower will be informed of this fact and given the reasons that no information is available.
Article 5. External reports
5.1 External reporting channels
If the whistleblower does not want to make an internal report, they can make use of an external reporting channel. External reports are made to the federal coordinator of the competent authority.
The competent authorities for external reports are listed in the Belgian Royal Decree of 31 January 2023 (Royal Decree appointing the competent authorities for implementation of the Belgian Law of 28 November 2022 regarding protection of whistleblowers reporting infractions of EU or national law, observed within a legal entity in the private sector).
Link to the Belgian Royal Decree (Dutch version):
5.2 Handling of external reports
The whistleblower will be sent a confirmation of receipt from the competent federal authority no more than seven days after the report is received.
Within a reasonable time period, at the latest three months after sending the confirmation of receipt, or, if no confirmation of receipt is sent to the whistleblower, three months after the end of a seven-day period following the report, the whistleblower will receive information from the competent federal authority about the measures planned or taken as follow-up, and the reasons for the follow-up.
In exceptional cases where there is good reason, the time period may be extended to six months.
The competent authorities and the federal coordinator appoint the personnel who will be responsible for dealing with the report, and in particular for:
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providing information about the reporting procedures to interested parties
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receipt and follow-up of the reports
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maintaining contact with the whistleblower, in order to provide them with feedback where appropriate and request further information if necessary.
These personnel are bound to confidentiality and will be given specific training for dealing with whistleblower reports.
Article 6. Public disclosure
A person who publishes information may be entitled to protection under the Belgian Whistleblowers Act, if the following conditions are met:
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in the case of an indirect public disclosure: the person initially made an internal and/or external report, but no appropriate measures were taken on the basis of the report within the specified time period; or
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in the case of a direct public disclosure: the person has good reason to believe that:
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the infraction could be a potential or real danger to the public interest; or
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if an external report is made, there is a risk of reprisal, or it is likely that due to the particular circumstances of the case the infraction will not be handled properly, for example if evidence could be withheld or destroyed, or an authority could conspire with the perpetrator of the infraction or is involved in the infraction.
This does not apply to cases where a person submits information to the press directly, on the basis of specific conditions established by a regime for protecting the freedom of expression of opinion and information.
Article 7. Confidentiality and secrecy
Mervielde NV, Transport Van Heesvelde NV or Tramer BV will ensure that the information about the report will be stored in such a way that it is only physically or digitally accessible to the authorised persons appointed by Mervielde NV, Transport Van Heesvelde NV or Tramer BV. All reports and subsequent investigatory reports and/or reports of findings, decisions, etc. will be handled with the maximum possible confidentiality.
Mervielde NV, Transport Van Heesvelde NV and Tramer BV follow a strictly need-to-know policy concerning disclosing relevant information to employees or third parties. All employees affected by the notification of receipt, or by follow-up on reports, shall be bound to strict confidentiality concerning the content of whistleblower reports, other reports, decisions, etc., if and to the extent permitted by prevailing law.
Article 8. Protection
8.1 Protection against reprisals
Mervielde NV, Transport Van Heesvelde NV and Tramer BV guarantee that the whistleblower will be protected against reprisals, including threats and attempted reprisals (see below), if the whistleblower is acting in good faith and following the appropriate procedures for submitting a report.
The “appropriate procedures” means that the whistleblower uses the internal reporting channels as far as possible. The report can only be made as a public disclosure, if there is no internal channel and an external report has not been followed up on.
“Reprisals” include, but are not limited to:
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suspension, temporary unemployment, dismissal or other similar measures;
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demotion or refusal of promotion;
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transferral of duties, change of workplace location, reduced pay, change to working hours;
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withholding of training;
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negative performance review or employment reference;
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subjection to disciplinary action, reprimand, or other sanctions, e.g. a financial sanction;
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coercion, intimidation, bullying or exclusion;
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discrimination, disadvantageous or unfair treatment;
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refusal to transition a temporary employment agreement to a permanent contract, in a situation where the employee could reasonably expect that a long-term working relationship would be offered to them;
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refusal to extend or early termination of a temporary employment contract;
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damage, including damage to reputation, in particular on social media, or financial disadvantage, including loss of revenue and loss of earnings;
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inclusion on a blacklist on the basis of an informal or formal agreement for an entire sector or business area, resulting in the whistleblower being unable to find work in the sector or business area;
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early termination or cancellation of a contract to supply goods or services;
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withdrawal of a licence or permission;
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psychiatric or medical referral.
In addition to the whistleblower themselves, the facilitators and third parties associated with the whistleblower who might also be the victim of reprisals in a professional context, and the individuals accused will also be protected. Mervielde NV, Transport Van Heesvelde NV and Tramer BV guarantee them the right to a fair process and the presumption of innocence. Their identity will be kept strictly confidential for the duration of the investigations based on the whistleblower report.
8.2 Complaint procedure
Any whistleblower who believes themselves to be the victim of or threatened with a reprisal can submit a complaint to the federal coordinator of the competent authority, giving reasons, upon which the federal coordinator will initiate an extrajudicial protection procedure.
The federal coordinator of the competent authority verifies that the fear of a reprisal is founded on facts.
It is up to Mervielde NV, Transport Van Heesvelde NV or Tramer BV to prove that the facts do not represent a reprisal.
If Mervielde NV, Transport Van Heesvelde NV or Tramer BV takes action against a whistleblower that falls within the law, and if Mervielde NV, Transport Van Heesvelde NV or Tramer BV is able to demonstrate that the reasons for this action are unrelated to the whistleblower report, then the action cannot be considered a reprisal.
Article 9. Misuse of reporting channels / infractions of this policy
Mervielde NV, Transport Van Heesvelde NV and Tramer BV will only handle reports that are made in good faith and that fall within the scope of the Belgian Whistleblowers Act. Employees who submit a report in bad faith, with the intention of causing damage, will not be protected.
By making a report in bad faith, the employee concerned will expose themselves to the sanctions specified in their conditions of work, including the ultimate measure of dismissal.
Article 10. Retention of documents / registry of reports
Mervielde NV, Transport Van Heesvelde NV and Tramer BV shall maintain a registry of all whistleblower reports, which will be used to track the receipt of the report, the subsequent investigation, and the conclusion. The reports will be stored in this registry for as long as there is a contractual relationship between the whistleblower and the employer.
Investigatory reports and supporting information will be stored for a minimum of five years following the end of the investigation.
Article 11. Processing of personal data
All personal data will be processed in accordance with applicable data protection legislation, including the General Data Protection Regulation (“GDPR”).
The personal data will be processed for the sole purpose of conducting the necessary investigations on the basis of legal obligations, and only the data that is strictly necessary will be processed. The data can be shared with government bodies if the whistleblower report includes information that must be shared by law, or with other external parties that are involved in an investigation.
Mervielde NV, Transport Van Heesvelde NV or Tramer BV store all personal data for at least as long as there is a contractual relationship between the whistleblower and the employer and at the most for the the expiry period that is required for any legal claims.
All data subjects have the right to request access to, rectification of, erasure of, or object to the processing of their personal data. These requests can be submitted to the report coordinator.
All data subjects are entitled to submit complaints to the Data Protection Authority.
Article 12. Supporting measures
The Belgian Federal Institute for the protection and promotion of Human Rights is responsible for applying or monitoring the supporting measures, whether in the case of an internal report, external report, or a public disclosure.
The whistleblower shall have access to the following supporting measures, depending on the case:
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full and independent information and advice, which is accessible easily and freely, concerning the remedies and procedures available to offer protection against reprisals, and concerning the rights of the persons affected, including their rights when it comes to protection of personal data; furthermore, the whistleblower must be informed that they may be entitled to the protection measures provided for by law;
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technical advice relating to each authority that is relevant to the protection of the whistleblower;
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legal assistance in cross-border criminal and civil procedures in accordance with EU Directive 2016/1919 and Directive 2008/52/EC of the European Parliament and the Council and legal assistance in other procedures, as well as legal advice and other judicial support, in accordance with the provisions concerning judicial second line support and legal assistance;
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supporting measures, including technical, psychological, media-related and social support, for the whistleblower;
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financial support for the whistleblower in the context of legal procedures.
Reports can be made using this form.