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Procedimiento y Gestión de Confirmaciones

  1. Submission and receipt of information.
    1. Information regarding the commission of acts or conduct falling within the material scope of Law 2/2023, of 20 February, regulating the protection of persons who report on regulatory infringements and the fight against corruption (hereinafter, the “Whistleblower Protection Law”), the Crime Prevention and Regulatory Compliance Policy and ASTURFEITO’s Code of Conduct, and which relate to the activity and operations of ASTURFEITO, may be submitted anonymously or with the identification of the reporting person, although their identity must in any case be kept confidential, for which purpose the necessary organisational and technical measures shall be adopted.
    2. Information shall be submitted through ASTURFEITO’s Ethical Channel.
    3. The information submitted must contain, at a minimum, the following details:
      • a description of the facts in as concrete and detailed a manner as possible;
      • the identification, wherever possible, of the person or persons who may have been involved in the said facts;
      • the acts or conduct falling within the material scope of the Whistleblower Protection Law, the Crime Prevention and Regulatory Compliance Policy and ASTURFEITO’s Code of Conduct, and which relate to the activity and operations of ASTURFEITO;
      • the exact or approximate date on which they occurred; and
      • the persons or bodies to whom, if applicable, the information had previously been submitted.
    4. Any documentation or evidence that may facilitate the investigation of the information may also be provided.
    5. Once the information has been submitted, the communication made or the in-person meeting held, it shall be recorded in ASTURFEITO’s Internal Information System (hereinafter “SIIn”), opening the appropriate file and assigning it an identification and tracking code, and acknowledging receipt of the information within the following five (5) working days, unless the reporting person has expressly waived the right to receive any communications from the Regulatory Compliance Commission (hereinafter “CCN”), as the body responsible for the SIIn.
  2. Admissibility of the information.
    1. The CCN, as the body responsible for the SIIn, shall verify whether the information submitted describes acts or conduct falling within the material scope of the Whistleblower Protection Law and which relate to the activity and operations of ASTURFEITO, and shall decide on its admissibility within a period not exceeding ten (10) working days.
    2. The following shall constitute grounds for inadmissibility:
      • The acts or conduct described are manifestly lacking in plausibility or foundation.
      • The acts or conduct described do not fall within the material scope of the Whistleblower Protection Law, the Crime Prevention and Regulatory Compliance Policy and ASTURFEITO’s Code of Conduct.
      • The acts or conduct described do not contain new and significant information with respect to concluded proceedings, unless new factual or legal circumstances are identified that justify a new procedure.
      • The information regarding the acts or conduct described was obtained through the commission of a criminal offence. In this case, in addition to the declaration of inadmissibility, the information received shall be forwarded to the Public Prosecutor’s Office.
      • The acts or conduct described are unrelated to the activity and operations of ASTURFEITO. In this case, the information shall be forwarded to the Independent Authority for the Protection of Reporting Persons for processing.
    3. The decision on admissibility or inadmissibility shall be communicated to the reporting person within the following five (5) working days, unless they have expressly waived the right to receive any communications from the CCN as the body responsible for the SIIn.
    4. Where the information is admitted for processing and there are prima facie grounds for the adoption of disciplinary and/or sanctioning measures against an ASTURFEITO employee, the matter shall be immediately referred to the Human Resources Department for the initiation of the corresponding disciplinary procedure in accordance with the Collective Bargaining Agreement, without prejudice to the continuation of the CCN’s investigative work and final report.
  3. Investigation.
    1. The CCN’s investigative work, as the body responsible for the SIIn, shall be carried out primarily through the investigator appointed from among the members of the CCN (or their alternates), with the technical assistance of the Secretary (or their alternate), with the results of the investigation subsequently being submitted to the CCN for decision-making.
    2. The investigative work shall encompass all actions aimed at verifying the acts or conduct in question for the purpose of determining how they should be addressed. To this end, the investigator may request such additional documentation or information as they deem appropriate, both from the reporting person and from the persons or bodies that may have access to the necessary additional documentation or information.
    3. The person affected by the information shall be notified of it, as well as of a brief summary of the facts reported, and shall furthermore be informed of their right to submit written representations within five (5) working days, and of the processing of their personal data.
    4. Without prejudice to the right to submit written representations, the investigative work shall include, wherever possible, an interview with the affected person in which, with full respect for the presumption of innocence, they shall be invited to present their version of events and to provide any evidence they consider appropriate and relevant.
    5. The affected person shall have access to the file, omitting, where applicable, any elements that could assist in identifying the reporting person, and may furthermore be heard at any time, being advised of the possibility of appearing assisted by a lawyer and, if they are an ASTURFEITO employee, by a representative of the trade union of their choice.
  4. Conclusion of proceedings. Final report.
    1. Upon completion of the investigative work, the investigator shall submit a draft report to the CCN, as the body responsible for the SIIn, which shall issue a final report.
    2. The CCN’s final report shall, in addition to setting out the acts or conduct reported, the file number, the information identification code and the date of registration, the investigative work carried out and the conclusions reached through the assessment of the proceedings conducted and the evidence supporting them, adopt one of the following decisions:
      • Closure of the file, where the proceedings do not reveal the commission of acts or conduct falling within the material scope of the Whistleblower Protection Law, the Crime Prevention and Regulatory Compliance Plan and the Code of Conduct, and which relate to the activity and operations of ASTURFEITO.
      • Referral of the information, together with the final report, to the competent body for pursuing the acts or conduct falling within the material scope of the Whistleblower Protection Law, the Crime Prevention and Regulatory Compliance Plan and the Code of Conduct. Where there are grounds for the adoption of disciplinary and/or sanctioning measures against an ASTURFEITO employee, the matter shall be immediately referred to the Human Resources Department for the opening and/or continuation of the disciplinary procedure; otherwise, all proceedings shall be referred by the CCN to the Public Prosecutor’s Office where there are substantiated grounds to consider that the acts or conduct may prima facie constitute a criminal offence, and to the Independent Authority for the Protection of the Reporting Person, established under the Whistleblower Protection Law, in all other cases.
    3. The deadline for completing the procedure and, where applicable, providing a response to the reporting person shall not exceed three (3) months from receipt of the information. The decision adopted in the final report shall be notified, where applicable, to both the reporting and the affected persons.
    4. In cases of particular complexity, and with a statement of reasons recorded in the file, the above deadline may be extended by a further three (3) months.