What is the KGHM Ethics Line?
The KGHM Ethics Line is a confidential tool for reporting anonymously or by name irregularities occurring in KGHM Group Companies. It provides support in the fight against fraud, abuse and other irregularities involving breaches of existing ethical standards in the workplace.
Why do we need a whistleblowing system?
We wish to effectively prevent activities that could expose the Companies in the KGHM Group to material and reputational losses, including those resulting from criminal activities, corruption, financial fraud or breaches of the law. In addition, we want to prevent violations of the ethical standards set out in the KGHM Group Code of Ethics and irregularities involving non-compliance with internal regulations.
One of the more effective tools for early detection of irregularities are confidential channels for reporting them, available to both employees and people outside the company (contractors, customers, business partners, subcontractors, interns, job applicants, etc.).
An effective whistleblowing system contributes to the development of an organisation’s culture based on integrity and ethical decision-making.
How can I submit a report?
You have the option to use the online form provided on the KGHM Ethics Line platform, as well as other channels that are convenient for you, either anonymously or by name. Individual whistleblowing channels can be found HERE.
If you wish to use written correspondence, please download the MODEL REPORT FORM.
Do I have to provide my personal details?
You can submit a report:
- by name – by providing your personal data, including contact details, to persons authorised to register and process internal reports in the KGHM Group.
- anonymously.
NOTE: The report may not be submitted anonymously, if it concerns a breach of social coexistence standards and employee rights, in particular suspicions of harassment and discrimination, and in the situation of a report in the area of privacy and protection of personal data and security of networks and information and communication systems.
What irregularities should I report?
In accordance with the KGHM Group’s internal reporting procedure, you may report:
- Violations of generally applicable law within the scope:
- indicated in the Act of 14 June 2024 on the protection of whistleblowers;
- resulting from Article 97d of the Act of 29 July 2005 on public offering, conditions governing the introduction of financial instruments to organised trading, and public companies;
- resulting from the Act of 13 May 2016 on counteracting threats of sexual crime and the protection of minors.
- Violations of requirements arising from internally applicable laws, qualified as reports relating to actions to the detriment of KGHM Group (e.g. theft, fraud, extortion, violation of information security, violation of personal data protection, irregularities in purchasing proceedings, etc.).
- Violations of requirements arising from internally applicable laws qualified as reports from the ethical area (e.g. violation of social coexistence standards, bullying, discrimination, harassment, violation of human rights, violation of employee rights, etc.).
NOTE: Pursuant to Article 3(1) of the Act of 14 June 2024 on the protection of whistleblowers, a breach of law is an act or omission that is unlawful or intended to circumvent the law and that concerns:
- corruption;
- public procurement;
- financial services, products and markets;
- prevention of money laundering and terrorist financing;
- product safety and compliance;
- security of transport;
- environmental protection;
- radiological protection and nuclear safety;
- food and feed safety;
- animal health and welfare;
- public health;
- consumer protection;
- privacy and personal data protection;
- security of ICT networks and systems;
- financial interests of the State Treasury of the Republic of Poland, of the local government unit and of the European Union;
- internal market of the European Union, including public-law competition, State aid and corporate tax rules;
- constitutional human and civil rights and freedoms – existing in relations of individuals with public authorities and not related to the areas set out in points 1 to 16.
Will every report be considered?
A report will be considered provided it meets the internal reporting criteria:
- relates to a breach of the law and internal regulations (see above), which occurred in connection with the activities of an entity of the KGHM Group;
- it is your reasonable belief that the information reported is true at the time of reporting, i.e. the information provided is reliable;
- you are a person related to the KGHM in work context (employee, contractor, customer, job candidate, trainee, etc.);
- you have obtained information about the breach in the context of your work (in connection with a contract, project, recruitment, internship, traineeship, etc.).
When will the report not be processed?
Reports that do not meet the internal reporting criteria (see above) will not be considered.
The report is rejected if it is manifestly unfounded or if there is insufficient information to allow follow-up action to be taken.
Anonymous reports regarding violations of social coexistence standards and employee rights, in particular bullying and discrimination, as well as anonymous reports in the area of privacy and personal data protection and security of networks and ICT systems are also rejected. In this case, the report may be considered, provided it is submitted in a named form.
NOTE – The KGHM Ethics Line is not for reporting incidents that pose an immediate threat to life or property. These matters should be reported via emergency channels (112).
What happens to my report?
Information on irregularities provided in the report is subject to verification in the course of internal investigations conducted by authorised units based on procedures and regulations in force in the KGHM Group Companies. If the irregularities described are confirmed, the Company’s Management Board takes corrective, preventive and disciplinary action and, if criminal acts are detected, notifies the relevant state authorities.
Why should I report what I know? What will I get out of it?
From the Employer’s point of view, it is important that you do not remain indifferent in a situation where you perceive irregularities. We all have the right to work in an environment free of unethical activities, free of fraud, theft or corruption that exposes our company and therefore ourselves to loss. Early detection of irregularities minimises their impact and increases the security of the entire company. It also allows corrective action to be taken and prevents the occurrence of similar irregularities in the future. Whether you are our employee, collaborator, customer or contractor, you can, through your attitude, support us in building a high culture of an organisation based on ethical values, conducting its business legally, transparently and responsibly.
I would like to make a report, but I fear for my safety. Do I have a guarantee of confidentiality when reporting through the channels indicated?
The whistleblowing channels at KGHM allow you to report in a way that is completely safe for you and ensures that your report is registered by the Corporate Risk and Compliance Management Department at the Head Office of KGHM Polska Miedź S.A. It will be handled only by authorised employees of the entity processing the report from the KGHM Polska Miedź S.A. Group. Throughout the entire process of clarifying your report, we ensure the security of your personal data and its confidentiality. The online form provided ensures a high standard of security for your data and allows you to manage access to it.
In addition, you can use the following tips:
- For contact purposes, you may create a special e-mail address (which does not contain personal data content) to be used for confidential correspondence with us.
- Please ensure that the content of your report and any attachments thereto do not contain data that could identify you – e.g. age, gender, place of work, etc.
Remember, the provision of personal data is entirely voluntary. However, it has significant advantages:
- It will allow us to contact you and complete the information to help us clarify the matter effectively.
- It will allow us to notify you of what is happening with your report.
- It will allow us to extend to you the protection provided for a Whistleblower, in accordance with KGHM regulations.
What does it mean for KGHM to protect the Whistleblower? What protection can I count on by submitting a report?
If you submit a report that meets the criteria for internal reporting (see above) by providing your details, you are automatically protected against retaliation.
Remember that retaliatory action is an action that has a cause and effect relationship with the fact that an internal report, external report or public disclosure has been made. It is an action which infringes or is likely to infringe the rights of the person making the report, causing or likely to cause harm to such person.
If you are our employee, you are entitled to protection of your rights and obligations arising from the employment relationship – in particular the protection of your employment, remuneration and working conditions. If you are our contractor, we will protect your contractual rights.
KGHM, as an Employer, protects the Whistleblower-employee from harassment, discrimination or psychological harassment in connection with whistleblowing activities undertaken by the Whistleblower.
The unit monitoring the protection due to the Whistleblower is the Corporate Risk and Compliance Management Department at the Head Office of KGHM Polska Miedź S.A. In the event of retaliation, do not hesitate to apply to a specialist from the above Department, who will refer your case for investigation.
Under our internal regulations, a person who assisted the Whistleblower in disclosing wrongdoing and a person associated with the Whistleblower who may potentially be subject to retaliation are protected to the same extent as the Whistleblower.
Are my personal data protected in accordance with current legislation (GDPR)?
Yes, we protect your data in accordance with current legislation. Details can be found in the Information on the processing of personal data.
I’m not sure if what I have observed or heard is a violation of the Code of Ethics or applicable regulations, but it just doesn’t look right to me. What should I do?
Do not hesitate any longer – report the problem. If you are ready to disclose your identity, you may contact a specialist from the Corporate Risk and Compliance Management Department at KGHM Polska Miedź S.A. Head Office. During a confidential conversation you will have the opportunity to verify your suspicions. Your insights and sense that irregularities are occurring are very valuable to us. Remember that it is sufficient if you act in a rational, reasonable belief that you are disclosing an actual breach, regardless of whether the disclosed information can be confirmed and whether the irregularities actually took place. We prefer you to report a situation that turns out to be harmless than for possible unethical behaviour to go unnoticed because of your concerns. It is not your job to clarify the matter; that is what the relevant units, which are prepared to conduct investigations, are for. All we expect is for you to notify us if you have a reasonable belief that there has been a breach of ethical conduct and/or applicable regulations.
What if I remember something important after filing the report? How can I complete my report?
By submitting an online report, you are given access to an anonymous case account that you can log into. This way you can check the status of your report, provide additional information and read out messages from the support team.
If you choose another confidential channel, then we encourage you to provide us with your contact details. This can be your email address (private) or one you set up specifically in connection with the report. This will allow us to contact you. You will be able to receive reports on the status of your report, complete information and provide answers to our questions related to the case.
I have evidence that shows that irregularities have occurred. Can I attach them to the report?
. If you have documents at your disposal that can provide evidence in the case (photos, scans, recordings, etc.) attach them to the report. For the online form, acceptable file formats include: .pdf, .docx, .doc, .jpg, .png, .bmp, .txt, .xlsx, .xls, .csv, .msg, .mp4, mp3, .jpeg, .avi, .mov, the size of a single file must not exceed 10 MB, in total you can add files of up to 100 MB.
I have heard that I can make an external report. Does this require an internal report in advance?
No. Pursuant to the Act on the protection of whistleblowers of 14 June 2024, you may, in any case and at any time, submit an external report directly to the Commissioner for Citizens’ Rights (Ombudsman), to a public body and to the institutions, bodies or organisational units of the European Union competent for the report in view of the violation of the law to which it relates.
All information on how to make external reports is specified on the Ombudsman’s website, including information on dedicated channels, required information and operating principles.
10 WAYS TO REPORT WELL
When drafting your report, whatever form you choose, follow the guidelines below:
Plan your time – you will need it to fully describe what is troubling you. Haste is not a good adviser.
Choose a place that is comfortable for you and gives you a sense of security.
Consider choosing a reporting channel that is convenient for you. Check beforehand how the chosen channel works and whether there are any technical obstacles.
Review the whistleblowing information material on KGHM that we have posted on the KGHM Ethics Line start page.
Write down the information you want to communicate in advance (even give yourself a few days to do this) – when using the reporting channel, you may not be focused enough and it is easy to miss something important.
Prepare the evidence you have gathered.
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Be specific, try to stick to the facts and provide as much relevant data as possible to help clarify the matter. Try to answer the questions:
- What did actually happen?
- Where and when did the irregularities occur?
- How did the irregularity occur, what was the development of events (give dates)?
- Why do you think the irregularity arose, what could have been the motives of the people involved in the case?
- What effects, in your opinion, did the irregularities described in the report cause or may cause?
- Did you take steps to eliminate irregularities or their consequences (e.g. by reporting them in advance to your superiors) before reporting? If so, list them.
Take it coolly – try to calm your emotions. In this case, they can make it difficult to make a reliable report. Remember – you are not fighting anyone, you are acting for the good of the company and therefore for the good of us all.
Avoid data that may be sensitive. Reported irregularities do not usually require information that may relate to the race, physical characteristics, nationality, religious and political beliefs, health status or sexual orientation of the persons concerned.