whistleblower policy

RS Finance values a safe working environment and a culture of integrity. To promote this, we have established a whistleblower policy. This policy falls under the Dutch Whistleblower Protection Act (Wet bescherming klokkenluiders, Wbk).

Article 1 – A Wrongdoing

Under this whistleblower policy, it is possible to report suspected wrongdoings. The suspicion must be based on reasonable grounds that the reporter has obtained through their work. The reporter may be an employee of RS Finance, or an employee of an organisation with which we have contact.

The following situations are considered a wrongdoing:

• A violation or risk of violation of European Union law.
• An act or omission in which the public interest is at stake.
• A violation or risk of violation of a statutory provision or internal rules that constitute a concrete obligation and have been established by an employer on the basis of a statutory provision.
• A risk to public health, the safety of persons, damage to the environment, or the proper functioning of the public service or a company as a result of improper conduct or omission.

The public interest is in any case at stake if the act or omission does not solely affect personal interests and there is either a pattern or structural nature, or the act or omission is serious or substantial.

Each report will need to be assessed as to whether it constitutes a wrongdoing within the meaning of the Wbk. The reporting procedure is only intended for reporting wrongdoings by natural persons in the context of their work and, where applicable, related integrity issues. The reporting procedure is not intended for individual matters such as a (employment) conflict between an employee and their direct supervisor.

At RS Finance, the following wrongdoings may specifically occur:

• Actions that lead to criminal offences by RS Finance or its employees;
• Violations of laws and regulations by RS Finance or its employees;
• Violations of internal regulations by RS Finance or its employees;
• Intimidation of employees by colleagues or supervisors;
• Unlawful disclosure, manipulation or destruction of data or information;
• Inappropriate conduct towards employees by colleagues, management, or others.

In addition to this whistleblower policy, we have a quality handbook and a complaints procedure. These apply concurrently.

Article 2 – The Handler

Within RS Finance, Rob de Beus has been appointed as the handler of reports under the whistleblower policy. If he is involved in a report, he forwards it to the internal confidential adviser or a member of management.

Article 3 – Filing a Report

It is possible to report internally or externally. A report can be filed by our employees, employees of our relations, and other persons.

An internal report can be filed in the following ways:

• In person or by phone with Rob de Beus. To report an issue by phone or to make an appointment, you can call the general phone number at +31 (0)88 7734600.
• By email or via the reporting form at the bottom of this page, addressed to Rob de Beus.
• If Rob de Beus is involved in the report, it can be submitted to our internal confidential advisor by phone, email, or mail.

It is possible to file an internal report anonymously. In the case of an anonymous report, the reporter will not be kept informed of the handling of the report, even if this policy stipulates otherwise.

It is also possible to report externally. There is no requirement to first report internally. The following authorities have been explicitly designated as competent authorities under the Wbk:

• the Netherlands Authority for Consumers and Markets (ACM)
• the Dutch Authority for the Financial Markets (AFM)
• the Dutch Data Protection Authority (AP)
• De Nederlandsche Bank N.V. (DNB)
• the Dutch Whistleblowers Authority (Huis voor Klokkenluiders, HvK)
• the Health and Youth Care Inspectorate (Inspectie Gezondheidszorg en Jeugd, IGJ)
• the Dutch Healthcare Authority (Nederlandse Zorgautoriteit, NZa)
• the Authority for Nuclear Safety and Radiation Protection (ANVS)

Reporters have the right to consult a ‘confidential adviser’ about filing a report. Our internal ‘confidential adviser’ is the confidential counsellor (see employee handbook). It is also possible to seek advice from an external adviser, such as the Dutch Whistleblowers Authority (www.huisvoorklokkenluiders.nl).

Article 4 – Handling a Report

The first recipient of a report is the handler. If the first recipient is involved in the report, they appoint another handler. The handler acknowledges receipt of the report within seven days.

The report will be processed as soon as possible, but no later than four weeks after receipt. Reports concerning violations of internal or external professional regulations are handled by the handler in consultation with the quality officer. The name of the reporter will not be disclosed unless the reporter gives permission or explicitly requests this.

The handler may decide not to process a report in the following situations:

• The suspicion of wrongdoing is not based on reasonable grounds.
• It is clear from the outset that the report does not relate to a suspected wrongdoing.

In all other situations, the handler initiates an investigation into the suspected wrongdoing, in accordance with Article 5 of this policy. The handler informs the reporter within seven days if no investigation is initiated, stating the basis for this conclusion.

If necessary, an external authority will be notified of the report, and the reporter will receive a copy of this notification, unless there are serious objections to doing so. The handler will also inform the individuals to whom a report relates about the report and the notification to an external authority, unless the nature of the report precludes this.

Management will be informed of a submitted report, preferably without mentioning the reporter. Management may be involved in the handling of a report. The advice resulting from the investigation is submitted to management, unless the nature of the report precludes this.

The handler informs the reporter as soon as possible after the completion of the handling process, but no later than three months after receipt of the report, about how the report has been handled and any measures taken. If the handling period is exceeded, the reporter will be informed of the progress and the expected completion date.

Article 5 – Investigation into the Report

The handler may conduct the investigation themselves or have it carried out by external experts who are independent and impartial. The investigation will in any case not be conducted by persons who may be or have been involved in the suspected wrongdoing. The reporter will be notified in writing that an investigation has been initiated and by whom it will be conducted. The reporter receives a copy of the investigation order, unless there are serious objections to this.

The investigators will give the reporter the opportunity to be heard. The investigators may also hear others. The investigators ensure a written record of this and submit this record for approval to the reporter or the person who was heard. They receive a copy of this record.

The investigators may inspect and request all documents within the employer’s organisation that they reasonably deem necessary for conducting the investigation. Reporters may provide the investigators with all documents that they reasonably deem necessary for the investigators to review in the context of the investigation.

The investigators prepare a draft investigation report and give the reporter the opportunity to comment on it, unless there are serious objections to this. The investigators then finalise the investigation report and hand it over to the handler. The reporter receives a copy of this, unless there are serious objections to this.

Article 6 – Authority of Management

Once the investigation is complete, the handler reports to management about the report. The handler may provide advice on measures to be taken, if this follows from the investigation. Management is authorised to make a decision on implementing measures. If management decides not to follow the advice, this decision will be substantiated.

Article 7 - Confidentiality

Reports received, their handling, and the related correspondence are conducted under strict confidentiality.

The management of RS Finance guarantees employees who file a report under this whistleblower policy that the report will have no negative impact on their performance, performance reviews, or career.

Reporters of suspected wrongdoing, based on reasonable suspicion, are protected against retaliation. The reporter must not suffer any negative consequences, such as dismissal, bullying, or denial of promotion, as a result of the report. This also applies to those who have assisted the reporter in filing the report, such as the ‘confidential adviser’ and involved colleagues.

If a reporter nonetheless believes they are being subjected to retaliation, the House for Whistleblowers can conduct an investigation upon request. Legal proceedings are also an option. The reporter must then demonstrate that they filed a report and suffered retaliation. In legal proceedings, the court assumes that the retaliation is a consequence of the report. RS Finance will then have to demonstrate that this is not the case.

Article 8 – Recording of the Report

All reports are registered. All aspects of the report are documented in such a way that the file can support the conclusion.