1. Where can I file a report?
Baker McKenzie Madrid ("BM Madrid") in line with the requirements of Act 2/2023 on the protection of persons who report legal breaches and fight against corruption, has implemented its own Local Reporting System with its own local channel (the "Local Channel").
Therefore, to report possible Wrongdoings (as defined in section 4 below) affecting BM Madrid, you may submit your report to the Local Channel by sending an e-mail to the following address CanaldeInformacionBMMadrid@bakermckenzie.com, available 24 hours a day, 7 days a week.
2. Where is the Local Channel managed from?
The Local Channel is managed from Madrid by BM Madrid's Compliance Officer (the "Local System Manager") and, if applicable, by a substitute (the "Substitute Local System Manager"). Both appointments are od indefinite nature.
Currently, the Local System Manager is Mrs. Cecilia Pastor and the Substitute Local System Manager is Mrs. María Antonia Azpeitia. Both are principals (managers) of BM Madrid.
3. Who can report through the Local Channel?
Self-employed workers engaged by BM Madrid, if applicable, as well as individuals working for its subcontractors, suppliers or intermediaries, former BM Madrid employees and candidates in selection processes can report through this Local Channel.
For those persons who have an employment relationship with BM Madrid, its partners (including principals), members of its Board of Directors and its trainees, paid or unpaid, BM Madrid has made other channels for reporting possible Wrongdoings available (EthicsPoint de Baker & McKenzie).
4. What can I report through the Local Channel?
- Any act or omission that may constitute a violation of European Union Law and that involves BM Madrid,
- Any act or omission involving BM Madrid that may constitute a criminal offense, and
- Any act or omission involving BM Madrid that may constitute a serious or very serious administrative infringement.
(any of which is an "Wrongdoing").
5. How can I report through the Local Channel?
To report through the Local Channel, all you need to do is send an email to CanaldeInformacionBMMadrid@bakermckenzie.com.
You can also request a face-to-face meeting with the Local System Manager (or the Substitute Local System Manager) to be held within 7 calendar days. In this case, the meeting will be recorded or recorded in minutes that you will have the possibility to verify before approval.
If the Wrongdoing you wish to report concerns or involves in any way the Local System Manager, you must report it directly to the Substitute Local System Manager by sending an email to firstname.lastname@example.org. On the other hand, if the Wrongdoing you want to report refers to or involves in any way the Substitute Local System Manager, you must report it directly to the Local System Manager by sending an e-mail to email@example.com.
6. Who can access the reports submitted through the Local Channel?
The submitted reports can only be accessed by the Local System Manager or, if applicable, the Substitute Local System Manager. In the investigation phase, only those persons who are required to do so will have access to the reports.
7. Can I report anonymously?
Yes, you may report anonymously. However, we strongly encourage you to identify yourself when reporting Wrongdoings rather than reporting anonymously. It is more difficult to follow up on a report and conduct a thorough and complete investigation if it is impossible or difficult to contact the source.
In any case, to ensure anonymity you should follow a few simple rules:
- Do not report using your corporate email or email address that includes your first or last name or other identifying information; and
- Carefully read the report you provide before submitting it so that it does not contain your first or last name or other identifying information or details.
8. What kind of guarantees will I have if I report in good faith?
If you report in good faith, you will be protected from retaliation. In addition, your identity will be kept confidential. Only persons in a need-to-know basis will be able to access and investigate information reported through the Local Channel, including your personal information.
9. What is the procedure once you have reported through the Local Channel?
- You will receive an acknowledgement of receipt within 7 calendar days.
- If the report does not refer to any of the aforementioned Wrongdoings, it will not be admitted, and you will be informed of the reasons for such inadmissibility.
- If the report you submit refers to a Wrongdoing, the Local System Manager or, if applicable, the Substitute Local System Manager, will make a preliminary evaluation of the same and will determine the course of action to be taken. This will depend on the nature and seriousness of the facts you have reported but will always be handled in accordance with the safeguards (section 8 above) above and by the most appropriate person or team (internal or external).
- The Local System Manager may need the support of other persons or functions within Baker McKenzie International (e.g., the Office of General Counsel) to conduct such an investigation. Therefore, the members of the investigation team that will support the Local System Manager in the investigation may belong to global teams within Baker McKenzie International. In any case, the investigation will be led by the Local System Manager.
- The time taken to respond to the investigation proceedings may not exceed 3 months from the acknowledgement of receipt, which may be extended for an additional 3 months in cases of particular complexity.
- Once the investigation has been completed, if it is shown that the Wrongdoing you have reported is justified, the corresponding measures will be taken in accordance with Baker McKenzie's procedures and the applicable local legislation.
10. What rights will the concerned person have?
Any report you submit will be handled with respect for the presumption of innocence and the honor of the person to whom the report relates. The person about whom you report will be informed of the acts or omissions attributed to him or her and will have the right to be heard at any time.
11. Will the concerned person know who reported?
The person you report will not know your identity. If you report in good faith your identity will be kept confidential.
12. Can I use external reporting channels?
Yes, although BM Madrid expects you to feel comfortable reporting through its Local Channel, you can also report through the external channels of the competent European and Spanish authorities. Among others, the European Anti-Fraud Office (OLAF), the Independent Whistleblower Protection Authority, the National Anti-Fraud Coordination Service (SNCA), the Anti-Fraud Office of Catalonia (OAC), the Andalusian Anti-Fraud Office (OAAF), the Office of Prevention and Fight against Corruption in the Balearic Islands (OAIB), the Anti-Fraud Agency of the Valencian Community, or the Office of Good Practices and Anti-Corruption of the Foral Community of Navarre (OANA).
13. How will my personal data be protected in the Local Channel?
All information regarding the management and protection of your personal data is contained in the BM Madrid's Local Reporting System Privacy Notice.