The Belgian Whistleblower Act [1] came into force in Belgium on the 15th of February 2023 and is based on the EU Whistleblowing Directive. The purpose of the Whistleblower Act is to provide a safe framework to report misconduct or serious wrongdoing regarding fraud, corruption or other malicious activities affecting a business’ activities, products or its employees. It is important to report incidents and non-compliancy with due-diligence to enable the organisation to conduct an investigation regarding the reported incident.
By using this channel, you can voice incidents or report non-compliance in confidence. Remember that when you voice an incident, you are bound to adhere to the principles of honesty and good intent. Should investigations reveal malicious intent on your side, your report will be treated as malpractice.
Please be aware that you need to complete the form in one go to report the incident. There is no option to save a draft and finish it up later. The form may take up to 10 minutes to complete.
Reports submitted through this channel may not receive an immediate response. You will receive an acknowledgement of receipt within 7 calendar days, unless you have not submitted any contact details. Submitted reports will be treated confidentially, ensuring that the identity of the whistleblower and any third party along with the reported incident, remain protected from access by non-authorised parties.
Please note that whistleblowing forms are not intended for reporting grievance or a complaint.
Please read the information below carefully, before submitting a report.
If you choose the option to submit your personal details along with the request, they will be stored in order to be able to inform you of its progress. The processing of your personal data is based on the legal obligation to follow up on the incident you are reporting, as set out in the Belgian Whistleblower Act.
Stage 1 – Reception of the incident
After submitting a report you will be acknowledged within 7 calendar days of receipt of the report, unless you report an incident anonymously.
Stage 2 – Follow-up investigation
If we initiate an investigation, the recipient(s) may contact you to discuss the process of the investigation or other matters related to the investigation. You can be asked to provide further information during the entire course of the investigation, although, you are not obliged to provide more information. The recipient(s) will safeguard your interests and will ensure the integrity of the report. They are subject to an obligation of secrecy at all stages of the investigation and after the closure of the case.
Stage 3 – Feedback
You will be informed of the outcome of the investigation within 3 months after acknowledgment of receipt. This timeframe could be extended to 6 months when necessary, due to specific circumstances related to the nature and complexity of the incident, which may require a prolonged investigation.
As part of our investigation we sometimes need to contact other people or organisations to access to information that is relevant to the incident you have raised. During the investigation process, where necessary, an external investigator will be appointed to assist in conducting the investigation.
All investigations will be conducted in a fair, independent and timely manner and all reasonable efforts will be made to preserve confidentiality during the entire investigation.
The person against whom any allegations have been made may also be informed of the incident and will be provided with an opportunity to respond (unless there are any restrictions or other reasonable bases for not doing so).
Whistleblowers who report (anonymously or not) are entitled to protection against retaliation.
The company will ensure that anyone who will make a disclosure is treated with discretion, fair and does not suffer detriment. Protection is granted to all whistleblowers, facilitators, third persons related to the whistleblower and other person(s) involved in the reported incident.
If whistleblowers do suffer retaliation, the Belgian Whistleblower Act provides for a set of measures to protect them.
You may choose to discuss the incident with a facilitator; a natural person of your choice, who may assist you in the reporting process, and whose assistance should be confidential.
You can also contact the Federal Institute for the Protection and Promotion of Human Rights (FIRM-IFDH), who will provide whistleblowers with professional, legal and psychological support for internal as well as external reporting. As an independent institution, the Federal Institute for Human Rights (FIRM-IFDH) promotes and protects human rights in Belgium, in cooperation with other organizations.
You have 2 possibilities to report an incident. Either, you report to the company directly or you report to the federal Ombudsman, who is responsible for processing external reports.
[1] Law on the protection of persons who report breaches of Union or national law within a legal entity in the private sector.