The German Act on Corporate Due Diligence to Prevent Human Rights Violations in Supply Chains (Lieferkettensorgfaltspflichtengesetz - LkSG), which came into force on January 1, 2023, aims to better protect human rights and the environment in the global economy.
In order to fulfil these objectives, we have set up an effective appeal procedure in accordance with Section 8 LkSG. The aim is to prevent violations of the LkSG as far as possible or to identify them at an early stage in order to avoid possible negative consequences for those affected.
Business partners, customers and other third parties can use the appeal procedure to report violations of human rights and environmental obligations and the associated risks, anonymously if desired.
Human rights obligations include the prohibition on child labor, protection against slavery and the ban on disregarding occupational health and safety. The environmental aspects include, on the one hand, substances that pose a risk to people and the environment and, on the other hand, actions or circumstances that may lead to violations of human rights.
In the following, we have described the reporting channels, responsibilities and the exact procedure for reporting by means of procedural rules.
Procedure
In the following, we would like to explain the exact process of a notification.
1. Receipt of Notice
Once the report has been received by the atarax group of companies, which we have set up as an independent reporting centre to provide the greatest possible protection for whistleblowers and affected persons, the whistleblower will receive a confirmation of receipt from the reporting centre in due time (within 7 days at the latest). This also applies in the case of an anonymous report by regular mail, provided that a reporting channel intended for the submission of anonymous reports, e.g. via a third party (lawyer or authorised person) is used or another anonymous contact option is left. For all other reporting channels, confirmation of receipt is provided by direct verbal confirmation (telephone, personal meeting), by e-mail (e-mail address, digital whistleblower portal if the e-mail address is known) or message in the login area (digital whistleblower portal).
2. Examination, clarification of facts and remedial measures
The report is then carefully checked for plausibility. If further information is required, the Reporting Office will, if possible, contact the reporting person in order to obtain further information.
If there are concrete indications of a violation, an internal investigation and possibly further appropriate follow-up or remedial measures (e.g. improvement of internal processes) may be initiated.
Where contact options exist, the contact will be maintained with the whistleblowers in accordance with the relevant legal requirements, if necessary the facts of the case will be discussed and a solution to remedy the situation will be worked out together.
In addition, the whistleblowers are informed in a timely manner (within three months after confirmation of receipt of the report) about the progress of the procedure by the persons in charge of the internal reporting office about the follow-up measures planned or already taken and the reasons for these follow-up measures (such as internal research or investigations).
The information is processed as part of a fair and confidential process, in particular with regard to the identity of the person providing the information, and in compliance with data protection law. Furthermore, the principle of proportionality is observed.
Discrimination or punishment of the whistleblower based on a complaint about an actual or suspected violation will not be tolerated. For this purpose, we have set up an independent reporting office and the option of submitting an report anonymously.
Information provided will only be passed on to those persons who need to be involved in order to process the report, insofar as this is absolutely necessary to determine the facts of the case.
All information received is documented, stored and deleted in accordance with the statutory provisions.
3. Effectiveness Control
The effectiveness of our complaint procedure is reviewed at least once a year as well as on an ad hoc basis and improved where necessary.