INFORMATION ON THE USE OF THE INTERNAL INFORMATION SYSTEM (ETHICAL CHANNEL) AND THE ESSENTIAL PRINCIPLES OF THE MANAGEMENT PROCEDURE

Welcome to the Internal Informaction System (Ethical Channel) of FUNDACIÓN EDUCATIVA ALBORADA, the proprietor of Colegio Alborada.

This Ethical Channel is established in compliance with Law 2/2023 of February 20, regulating the protection of persons who report regulatory infringements and the fight against corruption. To this end, we provide the reporting user with a preferred channel to inform us of any actions or omissions within a labor or professional context, whether within our organization or involving third parties contracted by or contracting with our entity, which they believe may constitute infringements of European Union law (within the scope established by Law 2/2023), or criminal, serious, or very serious administrative offenses under domestic legal regulations.

This is not a complaints or suggestions channel. For complaints or suggestions, we kindly ask you to use the mechanisms established by Colegio Alborada for such purposes. Any other communications, information, complaints, or suggestions falling outside the scope established in the paragraph above (Art. 2 of Law 2/2023) will be disregarded, and both the communications and their senders will be excluded from the protections provided under the cited law.

To ensure the user of the Channel is provided with appropriate guarantees of independence, confidentiality, data protection, and communication secrecy, and to create a climate of trust sufficient to dispel any fears of retaliation against themselves or those around them, FUNDACIÓN EDUCATIVA ALBORADA has entrusted the management of this Ethical Channel to the CONFEDERACIÓN ESPAÑOLA DE CENTROS DE ENSEÑANZA (CECE), which also acts as the external Data Protection Officer for Colegio Alborada. In its capacity as a data processor, FUNDACIÓN EDUCATIVA ALBORADA has signed a relevant data processing agreement with CECE, as referred to in Art. 28.3 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (GDPR).

The above is reinforced by the possibility of anonymous submissions and handling of reports. In any case, even if the reporting user chooses not to remain anonymous, their identity will remain confidential and will not be disclosed to the individuals referenced in the report or to third parties.

The Internal Information System of Colegio Alborada has appropriate technical and organizational measures in place to protect the identity and ensure the confidentiality of data related to the affected individuals and any third parties mentioned in the provided information, particularly the identity of the reporting user, should they have identified themselves.

The system allows written submissions via an online form, which can be found below. This form includes an inbox where users can attach any documentation they deem relevant to support the actions or omissions they wish to report. The form is configured so that the receiving email account is that of the external manager of the Channel (CECE), ensuring that when the user clicks the “send” button, all information is directly forwarded to this email account.

However, upon request, the user may also present the information in person within a maximum of seven (7) days from the receipt of the request. To do so, they must check the corresponding box labeled “I request an in-person meeting.”

In the case of an in-person meeting, the informant is advised that the communication will be documented via a secure, durable, and accessible recording of the conversation, with information provided at all times regarding the processing of their personal data in accordance with the GDPR.

Once the information is received:

1. It will be registered in the Record Book of received information, and a unique identification code will be assigned. This record is stored in a secure database with restricted access exclusively to duly authorized personnel.
2. Within seven (7) calendar days, the reporting user will receive an acknowledgment of receipt, provided they have indicated an address, email, or secure location to receive notifications, unless this could compromise the confidentiality of the communication or the protection of the user’s identity.
3. An investigation process will be initiated by the System Manager, who will operate independently and autonomously from other bodies of FUNDACIÓN EDUCATIVA ALBORADA and will not receive instructions of any kind in carrying out their duties.
4. The System Manager, after conducting a preliminary analysis, will decide within a period not exceeding ten (10) business days from the date the information is recorded in the register among the following options:
   • Dismissal, justified by (i) lack of credibility of the reported facts; (ii) the reported facts not constituting a legal infringement within the scope of application of Law 2/2023; (iii) the communication being manifestly unfounded; or (iv) the communication lacking new and significant information on infringements compared to a previous report for which the relevant procedures have already been completed.
   • Admittance for processing;
   • Immediate referral of the information to the Public Prosecutor’s Office if the facts could potentially constitute a criminal offense, or to the European Public Prosecutor’s Office if the facts affect the financial interests of the European Union.
5. Both in cases of admission or dismissal, the decision will be communicated to the informant within five (5) business days following the decision, unless the communication was made anonymously or no address, email, or secure location for receiving notifications was provided.
6. Once the communication is admitted for processing, the investigation phase will commence, led by the System Manager or the individual, collegiate body, or entity designated for this purpose. The investigation will include all actions aimed at verifying the credibility of the reported facts.
7. Upon completion of the investigation phase, the System Manager or the designated individual, collegiate body, or entity will issue a report that will include at least the following:
   • A presentation of the reported facts, along with the communication’s identification code and the date of registration.
   • The actions undertaken to verify the credibility of the facts.
   • The conclusions reached during the investigation, along with an evaluation of the proceedings and the evidence supporting them.
8. Once the report is issued, the System Manager will take one of the following actions:
   • Closure of the case, which will be communicated to the informant and, if applicable, to the affected party.
   • Referral to the Public Prosecutor’s Office if, despite initially finding no indications that the reported facts might constitute a criminal offense, the investigation reveals otherwise. If the offense affects the financial interests of the European Union, the case will be referred to the European Public Prosecutor’s Office.
   • Forwarding to the Human Resources Manager or the designated competent authority, only when disciplinary measures against an employee may be warranted.

The maximum response time for investigation actions is three (3) months from the date of acknowledgment of receipt or, if no acknowledgment was sent, three (3) months from seven (7) days after the communication was made. This period may be extended by an additional three (3) months in especially complex cases.

Informants are reminded of the option to approach external reporting channels of state regulatory bodies, such as SEPBLAC, the Bank of Spain, Tax Authorities, Labor and Social Security Inspection, or EU institutions like the European Anti-Fraud Office (OLAF).

This information was last updated on May 25, 2023.

FUNDACIÓN EDUCATIVA ALBORADA thanks you for your collaboration.