SUBMISSION OF SIGNALS
PROCEDURE FOR SUBMITTING SIGNALS THROUGH THE INTERNAL CHANNEL
The signal is submitted to the employee responsible for reviewing signals, in writing, including via email, or orally. Oral submission of a signal can be made by phone, through other voice messaging systems, and, upon request of the signaling person, through a personal meeting within an agreed-upon period between the parties (Section V, Article 3, Paragraph 1 of the Internal Rules of "ASTERA I" EAD for internal submission of signals under the Law on Protection of Persons Reporting on Breaches of Law).
For the registration of signals, template forms approved by the national authority for external reporting of signals are used, containing at least the following information (Section V, Article 3, Paragraph 2 of the Internal Rules of "ASTERA I" EAD for internal submission of signals under the Law on Protection of Persons Reporting on Breaches of Law):
The full name, address, and phone number of the sender, as well as an email address if available.
The names of the person against whom the signal is submitted, and their workplace if the signal is directed against specific individuals who are known.
Specific data on the violation or the real danger of such violation, the location and period of the violation if it has occurred, a description of the action or circumstance, and other relevant details known to the signaling person.
The date of submission of the signal.
The signature, electronic signature, or other identification of the sender.
Submission of a Written Signal:
The written signal is submitted by the sender by completing a standardized form, which is stored and provided by the employee responsible for reviewing signals. Oral signals are documented by completing a form by the employee responsible for reviewing signals, who offers the signal submitter the option to sign it if desired (Section V, Article 3, Paragraph 3 of the Internal Rules of "ASTERA I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law).
Attachment of Supporting Information:
Various sources of information supporting the claims in the signal may be attached, including references to documents. This may also involve providing information about individuals who could confirm the reported data or provide additional information (Section V, Article 3, Paragraph 4 of the Internal Rules of "ASTERA I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law).
Correction of Signal Deficiencies:
If the signal does not meet the requirements of Paragraph 1, the signaling person is sent a message to rectify the identified irregularities within a 7-day period from the receipt of the signal. If the irregularities are not addressed within this period, the signal, along with its attachments, is returned to the signaling person (Section V, Article 3, Paragraph 5 of the Internal Rules of "ASTERA I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law).
Verification of Signal Credibility:
Each signal is assessed for its credibility. Signals that fall outside the scope of the law and whose content does not provide grounds to be considered plausible are not considered. Signals containing obviously false or misleading factual claims are returned with instructions to the sender to correct the statements and assume responsibility for any misinformation (Section V, Article 3, Paragraph 6 of the Internal Rules of "ATLAS I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law).
Sample Form for Signal Registration:
A sample form for registering signals related to reporting violations under the Law on Protection of Persons Reporting on Breaches of Law can be obtained from the employee responsible for signal reception or from the internet page of the Commission for Personal Data Protection at https://www.cpdp.bg/ (Section V, Article 3, Paragraph 7 of the Internal Rules of "ASTERA I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law).
WORKING WITH SIGNALS AND INTERNAL INVESTIGATION
Employees responsible for reviewing signals are obligated to (Section V, Article 4, Paragraph 1 of the Internal Rules of "ASTERA I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law):
Receive Signals and Confirm Receipt: Receive signals and confirm their receipt within a period of 7 days after receiving them.
Ensure Identity Protection: Guarantee that the identity of the signaling person and any other person mentioned in the signal will be properly protected, taking necessary measures to restrict unauthorized access to the signal.
Maintain Contact with the Signaling Person: Maintain contact with the signaling person, requesting additional information when necessary from both the signaling person and third parties.
Provide Feedback to the Signal Submitter: Provide feedback to the signal submitter on the actions taken within a period not exceeding three months after confirming the receipt of the signal, or if no confirmation has been sent to the signaling person, within three months from the expiration of the deadline in point 1.
Inform about External Signal Submission Procedures: Provide clear and easily accessible information to individuals wishing to submit a signal about the procedures for external signal submission to the competent central authority and, where appropriate, to the institutions, bodies, services, and agencies of the European Union.
Document Oral Signals: Document oral signals.
Maintain a Register of Submitted Signals: Keep a register of submitted signals.
Listen to the Accused Party: Hear the person against whom the signal is submitted, or accept their written explanations and gather and evaluate the evidence provided by them.
Provide Collected Evidence to the Affected Party: Provide all collected evidence to the affected party and allow them to object within a 7-day period, respecting the protection of the signaling person.
Allow Presentation of New Evidence: Allow the affected party to present and indicate new evidence that may be collected during the investigation.
Confirmation of Facts in the Signal: In case the facts presented in the signal are confirmed
a/ Organize Subsequent Actions:
Organize the undertaking of subsequent actions related to the signal, and may request the cooperation of other individuals or units within the structure of the respective obligated subject.
b/ Propose Specific Measures:
Propose to the management of the enterprise/employer the undertaking of specific measures aimed at halting or preventing the violation in cases where it has been identified or there is a real danger of its imminent occurrence.
c/ Direct the Signaling Person to Competent Authorities:
Direct the signaling person to competent authorities when their rights are affected.
d/ Forward the Signal to External Reporting Authority:
Forward the signal to the external reporting authority when necessary actions are required on its part, with prior notification to the signaling person. In the case where the signal is lodged against the employer of the signaling person, the employee responsible for reviewing the signal directs the person to simultaneously report to the external reporting authority.
In the event of a submitted signal, the employee responsible for reviewing signals must obtain a Unique Identification Code (UIC), which they should use to register the submitted signals with the obligated subjects (Section V, Article 4, Paragraph 2 of the Internal Rules of "ASTERA I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law).
To obtain the UIC, the employee responsible for reviewing the signal will need to provide the following information (Section V, Article 4, Paragraph 3 of the Internal Rules of "ASTERA I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law):
Name and Unified Identification Code (UIC)/BULSTAT of the employer where the signal was submitted.
Identification data of the employee responsible for reviewing the signal.
Subject of the signal (the relevant areas specified in Article 3, Paragraph 1 and Paragraph 2 of the law).
Method of submission (written or oral).
Employer Responsibilities (Section V, Article 5, Paragraph 1 of the Internal Rules of "ASTERA I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law):
Undertake Actions Based on the Signal:
Based on the received signal and the suggestions of the employee responsible for reviewing the signal, the employer takes actions within its competence to halt or prevent the violation if it has not yet started. Prioritize Signal Review:
Prioritize the review of multiple signals for more severe violations based on predetermined criteria and rules. Terminate the Investigation:
Terminate the investigation when:
The violation reported in the signal is deemed minor and does not warrant additional subsequent actions. In the case of a repeated signal that does not contain new information of substantial importance regarding a previously investigated violation, unless new legal or factual circumstances provide a basis for subsequent actions. Evidence of a committed crime is found; in such cases, the signal and accompanying materials are promptly sent to the prosecutor's office. Prepare an Individual Report:
4.Prepare an individual report briefly describing the information from the signal, actions taken, final results of the investigation, and communicate this, along with the motives, to the employee or official who submitted the signal and the affected party while adhering to their protection obligations.
5.Additional Submission to External Reporting Authority:
In cases where the investigation is terminated based on points 3a and 3b, the signaling person may submit a signal to the central external reporting authority (Section V, Article 5, Paragraph 2 of the Internal Rules of "ATLAS I" EAD for internal signal submission under the Law on Protection of Persons Reporting on Breaches of Law).
CONTACTS OF THE EMPLOYEE RESPONSIBLE FOR SIGNAL RECEIPT UNDER THE LAW ON PROTECTION OF PERSONS REPORTING ON BREACHES OF LAW:
Anita Dimitrova
Phone: 0885/697-000
Address: Varna, Sts. Constantine and Helena Resort
Email for signal submission: signals@asterahotel.com