The Internal Information System is the mechanism regulated by Law 2/2023, of February 20, for the communication of information that may involve actions or omissions that constitute a violation of the law:
- Infringements of European Union law
- Serious or very serious criminal or administrative offenses.
The aforementioned law shall apply to informants working in the private sector who have obtained information on violations in a work or professional context. In no case is it a suggestion, complaint or claim box.
In accordance with the provisions of this regulation MEGA SPORT, has an Internal Information System, consisting of an internal information channel, which will function as the channel enabled to process the communications received. This internal channel of information will be accessible through the following
LINK.
The information may be either nominative, i.e., with identification of the informant, or anonymous. Maximum confidentiality will be guaranteed in the latter and only the designated persons will have access to the file.
INTERNAL SYSTEM ADMINISTRATOR
In accordance with the provisions of Article 8 of Law 2/2023, the management body of MEGA SPORT appoints a person responsible for the internal information system.
The person in charge of the information system shall carry out his functions independently and autonomously with respect to the rest of the management bodies of MEGA SPORT, without receiving instructions in the performance of his duties and must have all the material and personal means, as established in article 8.4 of Law 2/2023, of February 20.
GUARANTEES FOR THE REPORTING PERSON
MEGA SPORT is committed to maintaining absolute confidentiality of all information received and managed through the internal information channel. For this reason, MEGA SPORT will investigate and, if necessary, punish any breach of the duty of confidentiality and secrecy to which all persons involved in the management of information are bound. It is also guaranteed that no action will be taken,
in any case, retaliation against a person who has submitted a communication in good faith through the internal reporting system.
In cases where it is found that the information or conduct reported is unfounded and made in bad faith (i.e., with knowledge of its falsity or manifest disregard for the truth or with the sole purpose of causing harm to the affected person), the appropriate disciplinary measures will be taken against the informant.
In any case, the informants shall have the following rights:
- Right to protection during the course of an investigation
- Right not to suffer reprisals
- Right to receive information
- Right to choose the channel of communication and place or means of notification
- Right to limited information
- Right to anonymity
- Right to confidentiality
- Right to receive a response within a reasonable time
- Right to data deletion
- Entitlement to exemption and mitigation of penalty
- Right of waiver
GUARANTEES FOR THE AFFECTED PERSON
Persons affected by any of the communications received through this system will have the following guarantees:
- Right to the presumption of innocence and the right to honor
- Right to receive information and to exercise the right of defense
- Right to confidentiality
- Right to a transparent investigation
INFRACTIONS AND PENALTIES
If it is determined that the allegations described in the information are false or malicious, to the extent that they have been made deliberately with knowledge of their falsity or reckless disregard for the truth, they may be considered a very serious offense, which will lead to the imposition of disciplinary, criminal and financial penalties, which may reach up to 300,000 euros.
PROCEDURE FOR PROCESSING COMMUNICATIONS
INITIATION OF THE PROCEDURE
Communications will be made through the internal information channel enabled by MEGA SPORT, which ensures an objective, secure process, and respecting in any case the parameters established in Article 7 of Law 2/2023, of February 20.
In order to ensure the highest standards of information security, confidentiality and, where appropriate, preserve anonymity, MEGA SPORT has established that the information must be submitted in writing, through the on-line platform which can be accessed through the following LINK.
If digital tools are not available, communications may be sent by post to the following address: C/ Mercuri, 14, 2ª Planta, 08940 Cornellà de Llobregat (Barcelona). All communications sent must provide at least the following information:
- Place where the irregularity occurs
- Description of the irregularity
- Time of occurrence
- Identification of responsible persons
- Detail how you became aware of the irregularity
- Documentation attached to the information (evidence or clues)
Once the communication has been received, an acknowledgement of receipt will be sent to the informant within a maximum of seven calendar days.
COMMUNICATIONS ANALYSIS
Once the acknowledgement of receipt has been sent, a maximum period of ten working days will be available to admit for processing the communication made or, failing this, to request the informant to correct or provide further documentation. The informant shall have five working days to expand or correct the information.
ADMISSION FOR PROCESSING
Once the aforementioned period has elapsed, the communications shall be admitted or rejected within a maximum period of ten working days. The causes of inadmissibility shall be the following:
- Lack of substantiation or plausibility of facts
- Facts that are not included in the material scope of application of Law 2/2023, of February 20.
- Communications that do not include new or significant information, with respect to communications that have been previously rejected.
- Communications whose nature is abusive or unjustified, when it is determined that their real purpose is not to carry out an investigation.
- Communications that are unfounded or where there are grounds to believe that they have been obtained through the commission of a crime, in which case such information shall be forwarded to the Public Prosecutor's Office.
In the event that a communication, investigated through this system, deals with a matter pending judicial or administrative resolution, the final decision will be subject to such resolution.
RESEARCH PHASE
Once the communication sent is admitted, the affected persons will be notified within a maximum period of five working days, having in turn, a maximum period of ten working days to present as many allegations as they may consider. The affected persons may be heard at any time during this phase, and may appear assisted by a lawyer.
RESOLUTION OF THE INVESTIGATION
Once the investigation phase has been completed, the deadline for the resolution of the file shall be 20 working days. The resolution of the file shall contain a report reflecting, at least:
- A statement of the facts reported together with the identification code of the communication and the date of registration.
- The actions carried out in order to verify the verisimilitude of the facts.
- The conclusions reached in the investigation and the assessment of the proceedings and the evidence supporting them.
The file will end with one of the following decisions:
- The file is closed if no infraction or irregularity is proven.
- Existence of an infraction, and transferring it to the person responsible for the affected area in order to take the corresponding disciplinary or corrective measures.
- Referral to the Public Prosecutor's Office, if there are indications that the facts may constitute a crime.
- False information, which may be subject to a very serious infringement, under the terms established in Law 2/2023, of February 20.
PROCESS DIAGRAM
The procedure described is summarized in the infographic shown on the following page:
DATA PROTECTION POLICY
Personal data will be strictly and objectively necessary to process the information received and, where appropriate, to investigate the facts reported. Such data will be processed for this sole purpose and will not be used for incompatible purposes. The legal basis that legitimizes the processing of personal data collected within the framework of the Internal Information System is the fulfillment of a legal obligation, as provided for in Articles 6.1.c) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and 8 of Organic Law 3/2018 of 5 December. The processing of special categories of personal data for reasons of an essential public interest may be carried out in accordance with the provisions of Article 9.2.g) of Regulation (EU) 2016/679.
Individuals whose data is collected in the context of an investigation carried out through the internal information system may exercise their rights of access, rectification, deletion, opposition, limitation, and portability by sending an e-mail to the following address rgpd@megasport.es They may also submit a complaint to the competent supervisory authority by writing to the Spanish Data Protection Agency, C/ Jorge Juan n. º 6, 28001 Madrid or by accessing its website: https://sedeagpd.gob.es/sede-electronicaweb/.