1. Definitions Used in This Policy

 

Competent authority: The competent authorities as referred to in Article 2c of the Whistleblower Protection Act, namely: the Authority for Consumers and Markets; the Netherlands Authority for the Financial Markets; the Dutch Data Protection Authority; De Nederlandsche Bank N.V.; the Whistleblowers Authority as referred to in Article 3 of the Whistleblower Protection Act; the Health and Youth Care Inspectorate; the Dutch Healthcare Authority; the Authority for Nuclear Safety and Radiation Protection; and any additional organizations and administrative bodies designated by Order in Council.

 

Public interest: The public interest is at stake if the act or omission does not only affect the personal interests of the reporter and there is either a pattern or structural character, or the act or omission is serious or far-reaching.

 

Reporter (Whistleblower): A natural person who, in the context of their work-related activities, reports or discloses a suspected wrongdoing.

 

Report: A report of a suspected wrongdoing.

 

Wrongdoing: A wrongdoing is either a violation or risk of violation of Union law, or an act or omission in which the public interest is at stake:

• through a violation or risk of violation of a statutory regulation or of internal rules of the employer (which rules contain a concrete obligation established by the employer based on a statutory regulation), or

• which poses a risk to public health, the safety of persons, the environment, or the proper functioning of the employer’s company; or a violation or risk of violation of EU law.

 

Violation of Union law: An act or omission that (a) is unlawful and relates to EU acts and policy areas falling within the material scope referred to in Article 2 of EU Directive 2019/1937, or (b) undermines the purpose or application of the rules in the EU acts and policy areas falling within the material scope referred to in Article 2 of EU Directive 2019/1937.

 

Suspected wrongdoing: The suspicion of a reporter that there is a wrongdoing within the organization in which they work or have worked, or within another organization with which they came into contact through their work, insofar as the suspicion is based on reasonable grounds arising from knowledge obtained through their employer or through their work at another company or organization.

 

Work-related context: Future, current, or past work-related activities through which persons, regardless of the nature of the activities, may obtain information about wrongdoings and may be exposed to retaliation if they were to report such information.

Employer: The name(s) of the relevant entity(ies) acting as employer.

Employee: Any person performing work under an employment contract, or any person performing work in a subordinate relationship for remuneration (e.g., interns, self-employed contractors, partners, directors, supervisors) for the employer.

 

2. Submitting a Report

 

• 2.1 Any reporter who has a suspicion of a wrongdoing may report that suspicion to the employer in the manner described below.

• 2.2 Reports can be submitted to D.P.H. van den Hurk AA, hereinafter referred to as “the independent officer,” via email: d.vandenhurk@dinkelberg-partners.nl.

• 2.3 If the reporter reasonably suspects, and indicates, that “the independent officer” is involved in the suspected wrongdoing, the report shall not be made to “the independent officer” but instead to R.G.D. van den Boomen AA, via email: r.vandenboomen@dinkelberg-partners.nl.

• 2.4 A report may be submitted by letter, email, telephone, voicemail system to the officers referred to in Articles 2.2 or 2.3, or in person, upon request and within a reasonable period determined by the officer, at a location to be arranged with the person(s) referred to in Articles 2.2 or 2.3.

• 2.5 The reporter must provide a (private) residential and/or (private) email address and telephone number at which they can be reached in connection with the report.

• 2.6 The suspicion of wrongdoing must be based on reasonable grounds, arising from knowledge obtained through the employer or through work performed for another company or organization on behalf of the employer.

• 2.7 The reporter must provide as much relevant information as possible when making the report.

 

3. Confidential Advice

 

• 3.1 Anyone who suspects a wrongdoing may seek confidential advice (e.g., for information, consultation, or support).

• 3.2 Confidential advice can be obtained from D.P.H. van den Hurk AA or R.G.D. van den Boomen AA.

 

4. Handling the Report

​

• 4.1 Upon receipt, the report will be recorded in a dedicated register.

• 4.2 The report will be investigated and followed up by D.P.H. van den Hurk AA or R.G.D. van den Boomen AA.

• 4.3 If the report is made orally (whether or not in a planned meeting), either a written record of the meeting will be made, or the meeting will be recorded. Recording requires the prior consent of the reporter. The reporter will be given the opportunity to respond in writing to any written account of the meeting.

• 4.4 Receipt of the report will be acknowledged to the reporter within seven days, by sending a written confirmation to the (private) residential or email address provided. This confirmation preferably contains a factual description of the report and a copy of the report or the written account if the report was made orally.

• 4.5 Unless the report is not based on reasonable grounds, or it is immediately clear that it does not concern a wrongdoing, the report will be investigated by one or more persons not directly involved in the reported facts.

• 4.6 If the report is not based on reasonable grounds, or it is immediately clear that it does not concern a wrongdoing, the reporter will be informed of this in writing, with an explanation.

• 4.7 The person(s) to whom the report relates will be informed of the report, unless the employer deems this contrary to the interests of the investigation.

• 4.8 Within no more than three months of sending the acknowledgement of receipt, the reporter will be informed about the assessment of the report and, where applicable, the follow-up.

• 4.9 The person(s) to whom the report relates will be informed at least at the same time as the reporter under Article 4.8 about the assessment and, where applicable, the follow-up.

•  

5. Confidentiality

​

• 5.1 Anyone within the employer who is involved in a report or in the investigation of a suspected wrongdoing, and who thereby gains access to confidential information, is obliged to maintain confidentiality of that information, unless a legal requirement mandates disclosure or disclosure is necessary in the performance of their duties under the Act.

• 5.2 Confidential information includes, at a minimum: information about the identity of the reporter, the identity of the person to whom the wrongdoing is attributed or associated, and information about trade secrets.

• 5.3 The identity of a reporter and any information from which their identity may be directly or indirectly deduced shall not be disclosed outside the organization without the reporter’s consent. By making a report, the reporter consents to the use of their identity insofar as required for the investigation and any follow-up, unless the reporter explicitly withholds consent at that time.

• 5.4 If a legal requirement obliges disclosure of a reporter’s identity in the context of an investigation or legal proceedings, the reporter will be informed as much as possible in advance, unless such notification would jeopardize the investigation or legal proceedings.

​

6. Protection of the Reporter

​

• 6.1 The reporter shall not suffer retaliation during or after the handling of a report as a result of making the report, provided the reporter had reasonable grounds to believe that the reported information about the suspected wrongdoing was accurate at the time of reporting.

• 6.2 Retaliation under Article 6.1 includes, among other things, any detrimental action by the employer against the reporter, such as dismissal or suspension (other than at the reporter’s request), or the imposition of a fine (as referred to in Article 7:650 of the Dutch Civil Code).