Article: Whistleblowing
To ensure our compliance and to fulfil our obligations under the Law. No. 361/ 2022 regarding de Public Interest Whistleblower Protection Act, to set up an internal reporting office, we, Deutsche Bahn Cargo Romania, have assigned the tasks of the internal reporting office to DB Cargo Compliance.
Internal reporting channels
DB Cargo AG's internal whistleblower system offers various channels for reporting possible violations:
- Electronic whistleblower system of the DB Group: BKMS
- DB Cargo Compliance - Compliance Officer: Dr Bettina Wunsch-Semmler
- e-mail: compliance-dbcargo@deutschebahn.com
- Phone: +49 69 265-34013
- DB Cargo AG, Compliance Officer (L.CVM 2), Rheinstraße 2, 55116 Mainz, Germany
This is where you can report a specific suspicion of a serious violation of laws and DB rules.
To be able to process offences as quickly and comprehensively as possible, it is important that your report contains as much specific information as possible. It is helpful if you consider the 5 W´s: Who? What? When? Where? Why?
External reporting channel
As a whistleblower, you have the right to choose between submitting a report to an internal or external reporting channel. Internal reports are usually the shortest way to eliminate grievances.https://avertizori.integritate.eu)
(FAQ: Questions and answers on the whistleblower system
Who can provide information?
Whistleblowers can be any employee or person in a comparable position who has obtained information about violations in connection with their professional activities or prior to their professional activities. Business partners, customers and other third parties who become aware of violations during their professional activities with Deutsche Bahn Cargo Romania can also report them to the Whistleblowing Unit.
What types of violations can be reported to the internal reporting office?
The internal reporting office is required by law to investigate all reports of violations relating to the material scope of the national Whistleblower Protection Act (https://lege5.ro/App/Document/geztcmrtgu3tm/legea-nr-361-2022-privind-protectia-avertizorilor-in-interes-public).
The Whistleblowing Office is not responsible for complaints from customers about products and services of Deutsche Bahn Cargo Romania and its subsidiaries; these do not constitute whistleblowing reports. For this purpose, please contact Office.Ro@deutschebahn.com.
How am I protected when submitting a report?
The reporting centre must maintain the confidentiality of both the person making the report and the person who is the subject of the report throughout the entire procedure. The identity of the whistleblower and the persons concerned is treated confidentially in accordance with the national whistleblower protection laws and is only disclosed to the persons responsible for receiving reports or for follow-up measures. Whistleblowers are protected in particular against reprisals and discrimination, e.g. disciplinary measures, dismissals due to the report. The threat or attempt of discrimination is also prohibited. This protection does not apply if the whistleblower has intentionally or through gross negligence reported incorrect or false information via the whistleblower system.
How long does it take to check the notification?
The duration of the review can last from a few days to several months. It depends on the scope and complexity of the matter.
What is the procedure for checking the notice?
Upon receipt of your report, it will first be checked for validity by the authorized persons of the internal reporting office, i.e., it will be checked whether the material scope of application according to the national Whistleblower Protection Act is opened and whether there are sufficient indications of a violation. If, after the initial assessment of the reported facts, the internal reporting office assumes that there are sufficient grounds for suspicion of a violation, appropriate follow-up measures can be initiated to further clarify the facts, e.g., internal interviews.
As a whistleblower, will I receive information about the status of my report?
The reporting person will receive feedback on the status of the processing of their report during the investigation period. You will receive confirmation of receipt of your report no later than seven days after the report is made. Within three months of receipt of the report, you will receive feedback on any follow-up measures planned or already taken and the reasons for these.
Can I also report an offence anonymously?
You have the option of submitting a report anonymously. Reports received anonymously will also be investigated by the internal reporting centre as far as possible. A non-anonymous report is preferable, as the possibility of making enquiries increases the clarification rate. However, if - for whatever reason - a non-anonymous report seems too unsafe, please report anonymously to the best of your knowledge and belief.
What happens to the data that I have passed on as part of my notification?
The data you provide will be stored confidentially and in compliance with data protection regulations throughout the entire process. Access to this data is restricted exclusively to the employees of the internal reporting office and may only be forwarded to the responsible office for further clarification of the facts in the exceptional cases regulated by law. In such cases, the reporting office must inform the whistleblower in advance of the disclosure. If the disclosure of the identity of the whistleblower is necessary for further follow-up measures, written consent must be obtained prior to disclosure. The documentation will be deleted three years after completion of the procedure. It may be necessary to retain the documentation for longer to fulfil the requirements of this Act or other legal provisions.
I have additional questions or concerns about submitting a report.
If you require further information before submitting a report, please contact our Compliance Officer. This will be done under the condition of confidentiality.
Further information on the DB Cargo AG Reporting Centre can be found on the DB Cargo AG Internet and Intranet sites: https://www.dbcargo.com/rail-de-en/unternehmen/compliance