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What procedures apply to reports?
- The procedures that apply to reports of infringements are set out in a regulation adopted by the FSMA.
- Reports of infringements are handled within the FSMA by dedicated staff members who are trained in handling them. The dedicated staff members are the ones who maintain contact with the reporting person where the latter has identified him/herself.
- The reports received will be stored in a confidential and secure system. Access to the system is subject to restrictions ensuring that the data stored therein is available only to the persons within the FSMA for whom access to that data is necessary to fulfil their professional duties.
- The FSMA promptly acknowledges receipt of written reports of infringements, submitted via the Whistleblowers' Point of contact or in paper format, to the postal or electronic address indicated by the reporting person, unless the reporting person explicitly requested otherwise or the competent authority reasonably believes that acknowledging receipt of a written report would jeopardize the protection of the reporting person's identity. The acknowledgement of receipt only confirms that the person concerned has reported information via the Whistleblowers' Point of contact or in paper format, and the date when the said information was reported. The acknowledgement does not, however, confirm that the report concerned an infringement for which legal protection is due.
- Persons who report information via the telephone line or at a physical meeting are offered the possibility to check, rectify and agree with the transcript of the report by signing it, and receive a copy.
- If the reporting person has provided his or her contact details, the FSMA will, within 6 weeks, send the person a confirmation of whether or not his/her report concerns an infringement of the financial legislation with which the FSMA supervises compliance. Such confirmation will not be sent if the reporting person explicitly requested otherwise or the competent authority reasonably believes that doing so would jeopardize the protection of that person's identity.
- If it turns out that the report is not of an infringement of the financial legislation with which the FSMA supervises compliance, the person will, where appropriate, be referred to the channel within the FSMA or to the authority outside the FSMA that can help him or her further. Exceptionally, this period of 6 weeks may be extended.