What is the Ethical Channel?
Osborne Clarke España, S.L.P. is firmly committed to fostering and promoting a culture of integrity based on transparency, ethics and regulatory compliance.
To reinforce and promote this culture of integrity, Osborne Clarke España, S.L.P. has established the Ethical Channel.
The Ethical Channel is a confidential channel that can be accessed through the Firm's intranet and corporate website and is available 24 hours a day to report queries or potential irregularities.
The Ethical Channel may be used by all members of the Firm as well as clients, contractors, suppliers and any third party with whom Osborne Clarke España, S.L.P. has a business relationship.
How to make a communication?
The Ethical Channel allows queries or potential irregularities to be reported, in writing or by voice message, via the online tool.
At the whistleblower's request, communications may also be submitted by means of a meeting (face-to-face, telematic or telephone). To arrange a meeting, whistleblowers should contact the Ethical Channel Manager: Andrea Luque (Risk and Compliance Manager), by email or by telephone +34 683 60 05 04.
In this case, communications, complaints and/or enquiries shall be documented, subject to the informant's consent, either by recording, in a secure format, or by a complete and accurate transcript of the conversation. In either case, the reporter shall be given the opportunity to verify, rectify and accept the content of the transcript.
What kind of situations should I report?
The Ethical Channel should only be used for those enquiries, communications or complaints about actions or omissions that:
(a) may constitute a serious or very serious criminal or administrative offence (or risk of such an offence) or any other conduct contrary to European Union law falling within the material scope of Law 2/2023 of 20 February on the protection of persons who report regulatory and anti-corruption offences; and/or
(b) are potentially contrary to the values and principles of action defined at corporate level;
that have taken place within the framework of the activity carried out by Osborne Clarke España, S.L.P. and that have been known within a work or professional context.
The Ethical Channel should not be used to lodge general complaints or share personal opinions that do not involve a well-founded suspicion of non-compliance with legal regulations, nor should it be used to transmit information related to mere interpersonal conflicts.
How will my communication be handled?
The reports are entered on a secure Ithikios server in order to avoid possible security problems and are sent to the Ethical Channel Manager (or to the Ethical Channel Manager's superior in the event that the report concerns the Ethical Channel Manager), who will analyse the report and assign it according to the type of matter reported. The person assigned has the necessary training to carry out the investigation and to ensure, to the greatest extent possible, confidentiality.
The reporter shall receive acknowledgement of receipt of the complaint within 7 calendar days of its receipt.
Once you have reported the incident, you will be given a key and asked to choose a password. These two pieces of identification will allow you to follow up your report via the website.
The time limit for replying and completing the proceedings shall not exceed 3 months from the date of acknowledgement of receipt. In cases of particular complexity, this period may be extended by up to a maximum of a further 3 months.
Once the investigation has been completed, the relevant information measures shall be adopted and the implementation of the proposed measures or actions shall be verified, where appropriate.
Our commitment to confidentiality
The Ethical Channel accepts the possibility of anonymous communications . However, Osborne Clarke España, S.L.P. encourages informants to identify themselves, as this facilitates the processing of communications and their subsequent investigation.
Investigating a complaint is usually quicker and more effective when the designated investigator can follow up directly with the person who has made the complaint. If you have been identified, every effort will be made to respect your confidentiality. We guarantee confidential treatment of your identity, the facts reported, as well as the identity of the person(s) indicated in your communication. However, if necessary for the investigation and/or if required by local law, we will inform the relevant personnel in charge of the investigation or legal proceedings following the investigation of the reported facts of your complaint of your identity, the facts reported and the identity of the person(s) indicated in your complaint.
Protection against retaliation
Osborne Clarke España, S.L.P. will not tolerate retaliation of any kind, including discrimination, against those who report, in good faith, what they believe to be inappropriate or illegal conduct. Any retaliation will result in disciplinary action, including dismissal. Any retaliation by any person at Osborne Clarke España, S.L.P. will be subject to disciplinary action.
Likewise, false allegations, made in bad faith, will not be tolerated. If an investigation reveals that an employee has knowingly made a false allegation, that employee may be subject to disciplinary action.
External information channel
In addition to the internal channels, reporters may communicate through the external channels available to the following entities:
a) Independent Authority for the Protection of Whistleblowers (A.A.I.), the corresponding regional authorities or bodies, through which the commission of any of the actions or omissions included in the scope of application of Law 2/2023 of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption can be reported.
b) Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences (Sepblac), through which the commission of any actions or omissions related to money laundering and terrorist financing can be reported.