INTELLIGENT Whistleblowing Solutions

Reporting on breaches of the law is mainly done through existing internal reporting channels. With However, the whistleblower in the public interest can choose between the internal reporting channel and the external reporting channel, taking the risk of retaliation for reporting through internal channels or the impossibility of reporting through external channels. the possibility of remedying the breach effectively through internal channels.

At the same time, in the case of private legal persons with fewer than 50 employees, other than those referred to in Article 9 para. (4) of Law 361/2022, the whistleblower shall report using the external reporting channel, in the absence of channels internal reporting channels.

• Full name;
• Contact details of the public interest
• whistleblower;
• The professional context in which the
• information was obtained;
• The person concerned, if known;
• Description of the act likely to constitute a breach of the law within the public or private entity;
• Evidence in support of the report;
• Date and signature

• Public authorities and institutions and their unincorporated bodies with at least 50 employees;
• Other legal persons governed by public law, regardless of the number of employees;
• Legal persons governed by private law having at least 50 employees and those falling within the scope of of the legal acts referred to in Annex No 3 of Law No 361/2022.

In order to benefit from the protection measures, the whistleblower in the public interest must cumulatively meet the following conditions:

• he must be one of the persons reporting under the provisions of Article 2(2)(a) and (b). (1) of the Law no. 361/2022 and who has obtained information on violations of the law in a professional context;
• had reasonable grounds to believe that the information on the reported violations was true at the time of reporting;
• have made an internal report, an external report or a public disclosure.

In order to benefit from the remedies, the whistleblower in the public interest must cumulatively meet the following conditions
above, as well as the condition that the retaliation is a consequence of the report made.

Who else benefits from these measures?

• facilitators;
• third parties who have links with the whistleblower in the public interest and who might suffer reprisals in a professional context, such as colleagues or relatives of the whistleblower;
• legal persons owned by the public whistleblower or for whom the public whistleblower works or with whom he or she has other links in a professional context;
• the whistleblower who anonymously reported or publicly disclosed information about violations but is subsequently identified and suffers retaliation;
• the whistleblower in the public interest who reports to the competent institutions, bodies, offices or agencies of the European Union.

For the purposes of the reporting, subsequent actions are any action taken by the recipient of an internal report or by the competent authority for the purpose of resolving the report and, where applicable, thethe reported breach.

Persons intending to make a report may seek confidential advice from the National Integrity Agency on the procedure for reporting, examination and resolution of the report in the following ways:

• By e-mail to consiliere@integritate.eu;

• By telephone on 0372.069.869 by pressing 1 (Select English), 0 (Record conversation), 3 (Public Interest Whistleblowers Directorate). Conversations will be recorded automatically;

• By post to ANI at Bulevardul Lascăr Catargiu nr. 15, Postal Code 010661, Sector 1, Bucharest - Romania - For the attention of the Public Interest Warners Directorate;

• In person, by attending ANI's office (by prior appointment at the email address consiliere@integritate.eu). The National Integrity Agency will offer advice to interested persons from Monday to Friday, from 08:30 to 16:30.

Reporting information on violations of the law, knowing it to be untrue, constitutes an offence and shall be punishable by a fine of between 2,500 RON and 30,000 RON, if the act was not committed in such a way as to be considered, according to the law, an offence.

Persons who have obtained information about violations of the law in a professional context may make reports. In category of such persons:

• Workers;

• Self-employed persons (within the meaning of Article 49 TFEU);

• Shareholders and members of the administrative, management or supervisory body of an undertaking, including non-executive members of the board of directors, and paid or unpaid volunteers and trainees;

• Any person working under the supervision and direction of the natural or legal person with whom the contract has been concluded contract, its subcontractors and suppliers.

Persons whose employment relationship has not yet begun may also report violations of the law. and who report or publicly disclose information on violations of the law obtained during the recruitment process or other pre-contractual negotiations or where the employment or service relationship has ended, and persons who report or publicly disclose information on violations of law anonymously.

By violations of the law, we mean acts consisting of an action or inaction that constitutes a failure to comply with the provisions of legal provisions set out in Annex No 2 of Act No 361/2022, which concern areas such as:

• public procurement;
• financial services, products and markets, prevention of money laundering and terrorist financing;
• product safety and conformity;
• transport safety;
• environmental protection;
• radiological protection and nuclear safety;
• food and feed safety, animal health and welfare;
• public health;
• consumer protection;
• protection of privacy and personal data and security of networks and information systems.

They also concern:

• infringements affecting the financial interests of the European Union (as referred to in Article 325 of the Treaty on the Functioning of the European Union and as detailed in the relevant European Union measures);
• infringements relating to the internal market (as referred to in Article 26(2) of the Treaty on European Union). (2) of the Treaty on the Functioning of the European Union), including infringements of European Union competition and state aid rules, and infringements internal market related to acts in breach of corporate tax rules or mechanisms the purpose of which is to obtain a tax advantage contrary to the object or purpose of the applicable law on which constitute disciplinary offences, contraventions or offences, or which are contrary to the object or purpose of the purpose of the law.