Whistleblowing
Intesa Sanpaolo Bank Luxembourg has in place an internal system for reporting of acts or facts that may constitute violations of rules governing banking activities or other unlawful conduct (Whistleblowing).
LIABLE PERSONS FOR INTRODUCING A REPORT
In accordance with the provisions of Law 16 May 2023, starting from 17/12/2023, the audience of possible whistleblowers will be extended. The following subjects can make a whistleblowing report:
- employees and self-employed workers who work or have worked for the Bank;
- prospective employees;
- workers or external collaborators, who supply goods or services or implement works for third parties and perform or have performed their work for the Bank;
- volunteers and apprentices (paid and not paid);
- contractors, subcontractors and suppliers;
- shareholders (natural persons);
- individuals with administrative, control, supervisory or representative functions including non-executive Members (later on “representatives”).
The Whistleblowing process, which is integrated with other reporting systems and processes active in the Bank, enable to report, with the utmost guarantee of confidentiality, violations that damage the public interest or the integrity of Intesa Sanpaolo Bank Luxembourg and of the Intesa Sanpaolo Group companies of which become aware within the working context, or on the basis of the legal-economic relationship existing with the Group, protecting the whistleblower from any possible retaliatory or discriminatory behavior.
HOW TO PREPARE AND FILE A REPORT
Whistleblowing reports can be sent using the specific channels indicated below (available 24 hours a day, 7 days a week, in French, English or Italian).
The report must allow the identification of the whistleblower (name and surname, relationship with the company and contact details) and must contain a detailed description of the facts and conduct considered to be in conflict with the law, also indicating, where possible, the documents, the rules that are considered to have been violated and the other findings useful for conducting the investigation of the disputed facts. Finally, the whistleblower has the obligation to declare whether she/he has a personal interest connected to the report.
The Chief Audit Officer ensures the correct execution of the process.
INTERNAL CHANNELS OF THE INTESA SANPAOLO BANK LUXEMBOURG
All whistleblowers address the main channel with the exception of representatives (for whom a specific confidential process has been envisaged).
The report can be made, using the following communication way:
Written, at the email address: whistleblowing@intesasanpaololux.com
Communications are managed through specific channels, segregated and independent from the ordinary ones.
The whistleblower may also request, through the above mentioned channels, a meeting aimed at making the report. The meeting will be scheduled within a reasonable time by the Whistleblowing Team.
As an alternative, a “backup” channel of communication is available: which can be used only when the whistleblower feels that the Audit Department could be in conflict of interest with respect to the report, by email to: whistleblowing.auditcommittee@intesasanpaololux.com
PROHIBITION OF RETALIATION AND PROTECTION MEASURES
Measures aimed at protecting the whistleblowers from retaliatory, discriminatory conduct, even if only attempted or threatened, consequent to the report, are applied to the whistleblowers and to the “other subjects”. Retaliation is to be understood as any behavior, act or omission, even if only attempted or threatened, carried out in connection with the reporting, which causes or may cause, directly or indirectly, unjustified damages to the whistleblower and to the other subjects, to be understood as unjustified damage.
The whistleblower and the other subjects benefit from protection only where there is a close causal link between the report and the alleged adverse conduct suffered, directly or indirectly.
In the event that the whistleblower is co-responsible for the violations, the possibility of adopting a preferential treatment for the later with respect to the other co-responsible parties is assessed, compatibly with the applicable regulations.
The whistleblower and the other subjects can communicate to the National Competent Authorities the retaliations that they believe they have suffered.
PROCESSING OF PERSONAL DATA
The personal data and information acquired by the Intesa Sanpaolo Bank Luxembourg to which the "Whistleblowing" report is sent will be processed by the same in its capacity as Data Controller for the related management and will be kept for a maximal period of 5 years subsequent of the termination of the procedure and has as its legal basis the fulfillment of an obligation by law.
Privacy notice pursuant to the GDPR (General Data Protection Regulation - EU Regulation 2016/679)
EXTERNAL CHANNELS OF THE INTESA SANPAOLO BANK LUXEMBOURG
As a priority, whistleblowers are encouraged to use internal channels and, if certain conditions are met, they can carry out an external report to the competent Authorities listed at art. 18 of the Whistleblowing Law:
- Luxembourg Financial Services Authority - CSSF
- Luxembourg Insurance Commission - CAA
- Luxembourg Competition authority
- Luxembourg Registration Duties, Estates and VAT Authority-AED
- Luxembourg Inspectorate of Labour and Mines - ITM
- Luxembourg Data Protection Commission - CNPD
- Luxembourg Equal Opportunities Centre - CET
- Mediator, as part of his mission to carry out external checks on places where people are deprived of their liberty
- Ombudsman for children and youth
- Luxembourg Regulatory Institute - ILR
- Luxembourg Independent Regulator for Audiovisual Media Services - ALIA
- Luxembourg and Diekirch Bar Association
- Luxembourg Chamber of Notaries
- Luxembourg Medical Board
- Nature and Forest Administration - ANF
- Water Management Administration - AGE
- Air Navigation Administration - ANA
- National Consumer Ombudsman Service
- Order of Architects and Consulting Engineers - OAI
- Luxembourg Association of Chartered Accountants - OEC
- Luxembourg Institute of Auditors - IRE
- Luxembourg Direct Tax Administration – ACD
External reports to the Competent Authorities can be made according to the methods provided on their website.
The Luxembourg Financial Services Authority – CSSF, is the Competent Authority for supervision of Intesa Sanpaolo Bank Luxembourg.
Any person wishing to report breaches of the law that fall within the CSSF perimeter of competences, may address the report to the CSSF in French, Luxembourgish, German or English:
The form should be the preferred channel as it is the best way of ensuring the independence and autonomy requirements for the receipt and handling of reports received in accordance with Article 17 of the Law of 16 May 2023.
