Internal information channel

INTERNAL INFORMATION SYSTEM

The Internal Information System is the mechanism regulated by Law 2/2023, of February 20, for the communication of information that may involve actions or omissions that constitute a violation of the law:

  • Infringements of European Union law
  • Serious or very serious criminal or administrative offenses.

The aforementioned law will apply to informants working in the private sector who have obtained information on violations in an occupational or professional context. In no case is it a suggestion, complaint or claim box.

In accordance with the provisions of this regulation ONSELLA GLOBAL SERVICES, has an Internal Information System, consisting of an internal information channel, which will function as the channel for processing communications received. This internal information channel will be accessible through the following link.

The information may be either nominative, i.e., with identification of the informant, or anonymous. Maximum confidentiality will be guaranteed in the latter and only the designated persons will have access to the file.

2. INTERNAL SYSTEM MANAGER

In accordance with the provisions of Article 8 of Law 2/2023, the management body of ONSELLA GLOBAL SERVICES appoints a person responsible for the internal information system.

The person responsible for the information system will carry out his/her functions independently and autonomously with respect to the rest of the ONSELLA GLOBAL SERVICES management bodies, without receiving instructions in the performance of his/her duties and must have all the material and personal means at his/her disposal, as established in article 8.4 of Law 2/2023 of 20 February.

3. GUARANTEES FOR THE REPORTING PERSON

ONSELLA GLOBAL SERVICES assumes the commitment to maintain absolute confidentiality of all information received and managed through the internal information channel. For this reason, ONSELLA GLOBAL SERVICES will investigate and, if necessary, punish any breach of the duty of confidentiality and secrecy to which all persons involved in the management of information are bound. Likewise, it is guaranteed that no reprisals will be taken, in any case, against the person who has submitted a communication in good faith through the internal information system.

In cases where it is found that the information or conduct reported is unfounded and made in bad faith (i.e., with knowledge of its falsity or manifest disregard for the truth or with the sole purpose of causing harm to the affected person), the appropriate disciplinary measures will be taken against the informant.

In any case, the informants shall have the following rights:

  • Right to protection during the course of an investigation
  • Right not to suffer reprisals
  • Right to receive information
  • Right to choose the channel of communication and place or means of notification
  • Right to limited information
  • Right to anonymity
  • Right to confidentiality
  • Right to receive a response within a reasonable time
  • Right to data deletion
  • Entitlement to exemption and mitigation of penalties
  • Right of waiver

4. GUARANTEES FOR THE AFFECTED PERSON

Persons affected by any of the communications received through this system will have the following guarantees:

  • Right to the presumption of innocence and the right to honor
  • Right to receive information and to exercise the right of defense
  • Right to confidentiality
  • Right to a transparent investigation

5. INFRACTIONS AND PENALTIES

If it is determined that the allegations described in the information are false or malicious, to the extent that they have been made deliberately with knowledge of their falsity or reckless disregard for the truth, they may be considered a very serious offense, which will lead to the imposition of disciplinary, criminal and financial penalties, which may reach up to 300,000 euros.

6. PROCEDURE FOR PROCESSING COMMUNICATIONS

The management, processing and resolution of the communications made will follow, in any case, the established management procedure, which may not exceed three months. This procedure can be consulted at the following link.

7. DATA PROTECTION POLICY

Personal data will be strictly and objectively necessary to process the information received and, where appropriate, to investigate the facts reported. Such data will be processed for this sole purpose and will not be used for incompatible purposes. The legal basis that legitimizes the processing of personal data collected within the framework of the Internal Information System is the fulfillment of a legal obligation, as provided for in Articles 6.1.c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and 8 of Organic Law 3/2018 of 5 December. The processing of special categories of personal data for reasons of an essential public interest may be carried out in accordance with the provisions of Article 9.2.g) of Regulation (EU) 2016/679.

Individuals whose data is collected as part of an investigation carried out through the internal information system may exercise their rights of access, rectification, deletion, opposition, limitation, and portability through the following e-mail address sara@onsella.com. They may also submit a complaint to the competent supervisory authority by writing to the Spanish Data Protection Agency, C/ Jorge Juan n. º 6, 28001 Madrid or by accessing its website: https://sedeagpd.gob.es/sede-electronica-web/.