“AC Hotels EOOD, registered in the Commercial Register and the Register of Non-Profit Legal Entities with UIC 131261782, publishes this Information on the Procedure for Reporting Violations on the Basis of Article 12, Paragraph 4 of the Act on the Protection of Persons Reporting or Publicly Disclosing Information on Violations, hereinafter referred to as the Act, which defines the procedure for receiving and investigating reports of violations and ensuring the protection of persons in the company who report or publicly disclose information on violations of b

Applicability

This information applies in relation to whistleblowing in the following areas:

1. Violations of Bulgarian or EU legislation in the field of:

• Public procurement;
• Financial services, products and markets and the prevention of money laundering and terrorist financing;
• Product safety and compliance;
• Transport safety;
• Environmental protection;
• Radiation protection and nuclear safety;
• Food and feed safety, animal health and welfare;
• Public Health;
• Consumer protection;
• Protection of privacy and personal data;
• Security of networks and information systems.

  2. Infringements affecting the financial interests of the European Union within the meaning of Article 325 of the Treaty on the Functioning of the European Union.

  3. Infringements of internal market rules within the meaning of Article 26(2) of the Treaty on the Functioning of the European Union, including European Union rules and Bulgarian legislation on competition and State aid.

  4. Infringements relating to cross-border tax schemes the purpose of which is to obtain a tax advantage which is contrary to the object or purpose of the applicable corporate tax law.

  5. An offence of a general nature committed of which a person becomes aware in connection with the performance of his or her work or in the course of the performance of his or her duties.

  6. Reporting or public disclosure of information about violations of Bulgarian legislation in the field of:

• The rules for the payment of outstanding public state and municipal claims;
• Labour legislation;
• Legislation relating to the performance of public service.

Whistleblowing channels

Whistleblowing shall be prioritised through the internal whistleblowing channel as per the information in the sections below.

In the event of a reasonable belief that a risk to the whistleblower exists, the whistleblower may be referred to the national external whistleblowing body, the Commission for the Protection of Personal Data (CPDP). Information on how to report under the Act can be found on the website of the CPDL: https://www.cpdp.bg.

Whistleblowing through the internal channel

A complaint may be made in person or by proxy with express written authority

in one of the following ways:

• By e-mail: whistleblow@splf.eu;
• Address. Sofia, ul. Sofia, Bisser № 2, app. 5, to the attention of: ‘Responsible Person HPSPOIN’. Letter to be marked ‘Confidential’;
• In a personal meeting with the responsible person, after arranging a contact number.

The alert should contain the whistleblower’s details, which will not be shared with others except for the purposes of the inspection. A written whistleblowing report must be signed in person by the whistleblower and submitted by completing a form templated by the Data Protection Commission (available to download here).

An alert may also be submitted in free text, in which case it must contain at least the following information: the three names of the person making the alert, address, telephone number and e-mail address, if available; the name of the person against whom the alert is made and his or her place of work, if the alert is made against a specific person and that person is known to you; specific details of the offence or of a real risk of such an offence; the place and period of the offence, if any; a description of the offence or the situation and other circumstances, if known

An oral report shall be made by filling in the form as per the CPPC template by the officer in charge, who shall offer it to the person making the report to sign if he/she so wishes.

The alert may be accompanied by any sources of information supporting the allegations made and/or by reference to documents, including details of persons who could corroborate the information reported or provide additional information.

If the alert does not comply with any of the requirements, the person responsible shall send a notice to remedy the irregularities within seven (7) days of receipt of the alert. If the deficiencies are not remedied within that period, the alert and its annexes shall be returned.

Registration of an alert submitted through an internal channel

The alert received through the company’s internal channel is registered in the internal register for alerts under the HIPAA, together with the unique identification number of the alert issued by the CPCS. The whistleblower shall be notified of the registration.

Examination of a signal submitted through an internal channel

Alerts shall be dealt with in accordance with the terms and conditions of the HIPAA. In the case of a substantiated alert, i.e. one covered by the HIPAA, an investigation shall be carried out within three (3) months of the registration of the alert, in the course of which appropriate action shall be taken.

In connection with an ongoing inspection, the person responsible shall have the right to request additional information from the whistleblower as well as from third parties, to hear the person concerned, who in turn shall have the right to object and to present evidence in defence of his allegations. Where action is required with the assistance of a public authority, the whistleblower may be referred to the CPVO, which shall be notified to the whistleblower in due time.

Signals that:

• Are submitted anonymously, unless the person responsible decides to initiate an investigation;
• Relate to violations committed more than two (2) years ago;
• Contain allegations of violations outside the scope of the Act.

Additional information

For more information on the rights and obligations under the Whistleblower Protection Act, you can read the full text of the Act via this link. The Frequently Asked Questions section on the CPPPA website regarding the application of the FOIA is available through this link.