Reporting System

Source: https://www.tuwien.at/en/tu-wien/organisation/central-divisions/compliance/reporting-system Parent: https://www.tuwien.at/en/studies/admission/bachelors-programmes/admission-with-an-international-school-leaving-certificate

In accordance with TU Wien compliance policy, the reporting system is a part of compliance organisation.

Whistleblowing - where does it come from

A whistleblower reports alleged breaches to internal or external bodies.

On 24. February 2023, the federal act on the procedure and protection in the event of notices of breaches in certain areas of the law (HinweisgeberInnenschutzgesetz - HSchG), which is based on the EU Whistleblower Directive (EU/2019/1937), came into force. This obliges all companies, but also public administrations such as TU Wien, to implement a reporting system to enable people to report breaches.

Whistleblowing – what can be reported

The reporting tool is not for submitting general complaints and issues. Any notices regarding breaches that are not covered by the topics of the HSchG, will be sent to the responsible contact point or to the responsible expert without processing by the reporting officer:

Protection of privacy and personal data
datenschutz@tuwien.ac.at
Security of network and information systems
infosec@tuwien.ac.at
Discrimination, bullying, sexual harassment in the workplace
akg.vorsitz@tuwien.ac.at
Ethical misconduct in the context of research
ethics@tuwien.ac.at
Suspicion of plagiarism
plagiatsverdacht@tuwien.ac.at
Failure to report conflicts of interest
Research and Transfer Support & compliance@tuwien.ac.at
Unauthorized use of TU Wien trademarks or logos
pr@tuwien.ac.at
Failure to report secondary employment
HR administration

Whistleblowing - who can report

Employees, be it salaried employees under a collective agreement or contract (Vertragsbedienstete)
Civil servants
Workers on secondment
Managers and employees of companies in which TU Wien directly or indirectly holds a stake of more than 50 percent
Apprentices
Trainees
Former employees
Applicants who have obtained information about breaches during the recruitment process or other pre-contractual negotiations
Members of administrative, management or supervisory bodies
Volunteers
Self-employed persons (natural persons who pursue self-employment as a freelance employee or contractor, such as consultants, suppliers, company doctors, psychologists, trainers)
Natural persons under the supervision and direction of contractors, subcontractors or suppliers

Whistleblowing - FAQ

Why is a reporting tool being set up at TU Wien?

The HinweisgeberInnenschutzgesetz (HSchG) was published in the Bundesgesetzblatt (Federal Law Gazette) on 24th February 2023 in implementation of the EU-Whistleblower Directive. It stipulates that organizations of a certain size (including TU Wien) must set up a reporting tool for submitting notices.

Why should I submit a notice?

You may be aware of harmful ehaviours. By reporting it, you help to prevent or uncover financial and reputational damage to TU Wien at an early stage. Furthermore, you will promote a positive corporate culture at TU Wien.

Who can submit a notice?

Employees
Civil servants
Workers on secondment
Managers and employees of companies in which TU Wien directly or indirectly holds a stake of more than 50 percent
Apprentices
Trainees
Former employees
Applicants who have obtained information about breaches during the recruitment process or other pre-contractual negotiations
Members of administrative, management or supervisory bodies
Volunteers
Self-employed persons (natural persons who pursue self-employment as a freelance employee or contractor, such as consultants, suppliers, company doctors, psychologists, trainers)
Natural persons under the supervision and direction of contractors, subcontractors or suppliers

Can I submit a notice on any topic?

Notices of breaches pursuant to the HSchG can only be given on the following topics:

Public procurement (e.g. breaches of the Bundesvergabegesetz)
Financial services, products and markets, and prevention of money laundering and terrorist financing (e.g. money laundering in fundraising, research sponsoring)
Product safety and compliance (e.g. breaches of product safety regulations, as well as the unauthorized use of "CE markings")
Protection of the environment (e.g. improper disposal of chemicals)
Radiation protection and nuclear safety (e.g. disregard of protective measures)
Consumer protection (e.g. disregard of duty to inform)
Criminal offences under §§ 302 to 309 of the Strafgesetzbuch (Criminal Code) (e.g. abuse of authority, bribery, prohibited giving/accepting of gratuities)
Breaches affecting the financial interests of the European Union (e.g. criminal abuse of funding, funding fraud)
Breaches of competition and state aid rules (e.g. granting of conditions that deviate from market norms, such as rent to third parties, false statements in de minimis declarations)
Food and feed safety, animal health and welfare
Transport safety
Public health
Breaches of corporate tax law

The reporting tool may not be used to provide deliberately false or defamatory information.

The reporting tool is also not intended for general complaints and concerns.

How is the whistleblower protected?

According to the HSchG, whistleblowers are protected from reprisals and disadvantages, i.e. you may not suffer any professional disadvantages (e.g. exclusion, bullying discrimination, dismissal, etc.) as a result of your notice. Such behaviour towards whistleblowers will not be tolerated and will be sanctioned accordingly.

I don't want to use the reporting tool, but I still want to report a breach. Is there an alternative way to submit a notice?

Alternatively, you can make a personal appointment with the reporting officer, who can be reached on +43 1 58808406005 or at compliance@tuwien.ac.at. Please be advised that notices submitted by e-mail or phone will not be edited.

What happens if I submit a notice on another topic in the reporting tool?

Any notices regarding breaches that are not covered by the topics of the HSchG, will be sent to the responsible contact point or to the responsible case worker without processing by the reporting officer.

What other points of contact are there that I can turn to?

Notices concerning:

Protection of privacy and personal data\ datenschutz@tuwien.ac.at
Security of network and information systems\ infosec@tuwien.ac.at
Discrimination, bullying, sexual harassment in the workplace\ akg.vorsitz@tuwien.ac.at
Ethical misconduct in the context of research\ ethics@tuwien.ac.at
Suspicion of plagiarism\ plagiatsverdacht@tuwien.ac.at
Failure to report conflicts of interest\ Research and Transfer Support & compliance@tuwien.ac.at
Unauthorized use of TU Wien trademarks or logos\ pr@tuwien.ac.at
Failure to report secondary employment\ Human resources administration

How can the reporting tool be reached?

The reporting tool can be accessed via any computer or mobile device (smartphone, tablet, laptop). All that is needed is internet access. To do this, you have to call up the tool via the domain tuwien.academic-whistleblower.at

Can I submit a notice anonymously?

Yes. You decide whether you want to submit your notice by name or anonymously. Anonymity is ensured by encryption and other special security measures. You are not obliged to provide personal information at any time. If you want to remain anonymous, do not enter any data that allows conclusions to be drawn about your person.

When and how do I get feedback and still remain anonymous?

If you opt for an anonymous notice, you will be redirected to a page where you will receive a link and a pin. Remember both (it is best to save them in a safe place). This is the only way you can communicate with the reporting officer, receive feedback, and be involved in case processing. Should you forget or lose your PIN or the link, due to the high level of security precautions, the only option left is to submit a new notice with identical content.

Who sees my notice?

If a notice is received via the TU Wien reporting tool, the reporting officer and the head of the internal audits will see your notice ensuring the dual-control principle. If additional case workers need to be consulted due to their expertise for processing, they will also see your notice. At all times, the notice will be kept strictly confidential and will only be forwarded to those persons who need to see the notice due to processing. Without the whistleblower’s express consent, their identity will not be disclosed to any other persons other than to the case workers consulted on the basis of their expertise. This also applies to conclusions drawn from the content of the notice that may allow for identification of the whistleblower.

Mag.a iur.Elke Maria SagmeisterLL.M.

Reporting Officer

Phone: +43 1 58801 406005

ADir Ing.Otto MayerhoferMBA

Head, Internal Audit and Compliance

Phone: +43 1 58801 41414