In accordance with the Sapin II Act of 9 December 2016, reinforced by the Waserman Act of 22 March 2022, Altavia has set up a whistleblowing system in order to strengthen its ethical approach and enable everyone to play a part in risk prevention.

Scope of application

This system enables a wide range of stakeholders, including employees, clients and suppliers, to report in good faith and without financial compensation any behaviour that is contrary to the code of conduct.

The areas covered are varied, ranging from corruption and fraud to breaches of health, safety, the environment and human rights, harassment, discrimination and breaches of competition or data protection rules.

The person making the report may be a victim, a direct witness or have personal knowledge of the facts reported. Although the system excludes information protected by certain professional secrets such as national defence secrecy, medical secrecy or the secrecy of judicial deliberations, it complements existing whistleblowing channels and requires whistleblowers to provide evidence in support of their reports, while complying with the laws applicable in the country where they operate.

Procedure

In accordance with the Waserman Act, this system enables whistleblowers to make an objective and detailed report via the Whispli platform, with the option of remaining anonymous.

Whistleblowers receive an acknowledgement of receipt within 7 working days and a unique code to track the progress of their report in their personal Whispli space.

The alert is processed within 3 months, guaranteeing the protection of personal data and the anonymity of the whistleblower, while the person concerned is informed within a maximum of one month, without being able to access information about the person making the alert.

Depending on the seriousness of the facts reported, various measures may be taken, ranging from the strengthening of internal procedures to disciplinary sanctions or legal action.

Protection of whistleblowers

Whistleblowers will not be penalised for reporting an alert in compliance with the Sapin II Act of 9 December 2016. Enhanced protection measures have been deployed with the Waserman Act of 22 March 2022.

Any person who obstructs the transmission of a warning in any way whatsoever may be punished by up to one year’s imprisonment and a fine of €15,000.

If there is evidence of behaviour that does not comply with the law in the above-mentioned areas, this may give rise to disciplinary action, up to and including dismissal, and legal proceedings. Data relating to alerts will be retained or destroyed in accordance with legal provisions.

Alerts must under no circumstances be motivated by malice or bad faith, failing which disciplinary action may be taken.

In accordance with article 122-9 of the French Penal Code, whistleblowers are not criminally liable if they disclose a secret protected by law, provided that such disclosure is necessary and proportionate to safeguard the interests in question, and that it complies with the reporting conditions defined by the Sapin II law.

Whistleblowers are not civilly liable for damages caused by their reporting or public disclosure, if they had reasonable grounds to believe that such action was necessary to safeguard the interests at stake, in accordance with the conditions laid down by law.

Extensive protection is offered to whistleblowers against various forms of professional reprisal, including dismissal, demotion, reduction in salary, harassment and discrimination. This protection also applies to those involved in the investigation.

Details of the whistleblowing scheme and the procedure to follow are available on the Whispli ethical whistleblowing platform.