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Datanet » Anti-Bribery Policy Datanet Systems

Anti-Bribery Policy

DATANET SYSTEMS defines and guarantees a high standard of ethics and integrity by creating and adopting this anti-bribery policy, by observing principles of impartiality, competence, accountability, openness, and confidentiality by all Datanet Systems employees and its business partners. This Policy applies both to Datanet Systems as a whole and to each Datanet affiliate.

Through this Anti-Bribery Policy, top management:

  • Assumes the company’s firm commitment to prevent and combat bribery. Datanet Systems does not tolerate bribery in any form or manner, direct or indirect. Thus, all Datanet Systems’ employees and business partners must adopt an impeccable ethical conduct in business and behave in a manner that does not give rise to personal dependencies or personal obligations that may lead to acts of corruption or bribery.

  • Ensure that all company employees are held accountable for their own actions in relation to bribery, according to their role in the company.

  • Ensure compliance with anti-bribery legislation applicable to the company. All employees, and Datanet Systems’ business partners undertake to comply with the applicable laws and regulations of the state in which the company operates. No business relationship shall be commenced or continued with any person who does not respect this principle.

  • Encourages and supports good faith in reporting any matters of possible bribery

Violations of these principles may result in disciplinary consequences for employees who do not comply with this policy, including termination of employment.

Terms and definitions

In this Policy, terms and expressions used in this document shall have the meanings set forth below:

  • Increasing the company’s prestige and trust in it – through reliability, competence and ethics in the provision of services and realization of products;
  • Increase customer satisfaction – through the active involvement of top management in order to create and maintain a climate conducive to the development of relationships based on business ethics, fairness, impartiality, free competition.
  • Continuous staff improvement – by organizing training programs with all company employees.
  • Anti-Bribery Policy means this document, which contains the rules, principles, guidelines adopted by Datanet Systems with regard to combating any form of bribery as a means of committing corruption offenses;
  • Bribery means the promise, offering, giving, demanding, receiving, accepting or soliciting of money or other improper consideration of any value (whether financial or non-financial) or the acceptance of promises of such consideration, directly or indirectly and irrespective of location(s), in connection with the performance, non-performance, urgency or delay in the performance of an act within the scope of one’s official duties or in connection with the performance of an act contrary to those duties by a public or private official;
  • Affiliate: ”Affiliate” means a person who:
    • controls the Company;
    • is controlled by the Company;
    • is under common control with the Company. In this context: ”person” can be an individual, a corporation, a limited liability company, an association or any other legal entity; ”control” refers to the power to direct or influence the management and policies of a person, directly or indirectly, either by exercising voting rights (i.e. owning more than 50% of the shares/stocks of that person), by contract or by other means.
  • Inducing activities means those activities that involve the performance of a specific activity of inducement, such as, but not limited to, advice, inducement, solicitation or innuendo, coercion, bribery (promises of gifts or other benefits) of a person to commit a bribery offense;
  • Interested Party / Interested Parties means any person or organization, which may affect, may be affected by, or may perceive itself to be affected by a decision or activity. For the purposes of this Policy, interested parties shall mean: associates, employees, third parties acting on behalf of the Company, business partners, customers, suppliers, and any other organization and/or individual with whom the Company enters into legal relations;
  • Business partners designates all partners, suppliers, subcontractors, external consultants and experts, distributors, joint venture partners, NGOs, foundations, sponsors or entities involved in philanthropic activities with the company,
  • Customer means any public or private natural or legal person who is a beneficiary of the products/services sold by Datanet Systems;
  • Anti-Bribery Compliance Function designates the person with responsibility and authority for the operation of the anti-bribery management system;
  • Employees means DATANET SYSTEMS’ directors, managers, team leaders, permanent employees, temporary employees or workers, as well as any other collaborators, individuals, of the company;
  • Business partner means the external party with whom the organization has or intends to establish some form of business relationship. The notion of business partner includes, but is not limited to, suppliers, distributors, customers/beneficiaries, providers of outsourced functions and processes, contractors, consultants, subcontractors, advisors, agents, representatives, intermediaries, investors, as well as any natural or legal person or group or association of such persons, including any temporary association formed between two or more of these entities that associate with DATANET SYSTEMS for the purpose of providing products/services in a public or private tendering process;
  • Public official means, but is not limited to, a person exercising an executive, legislative, administrative or judicial function, by appointment, election or as well as any person exercising a public function, including within a public institution or other legal person managing or operating public property or other economic operator or legal person with full or majority state capital, as well as any representative or agent of a national or international public organization or any candidate for public office;
  • Third party shall mean any person or body that is independent from the organization, but acts on behalf of, on account of or in the interest of the company (e.g. lawyers, consultants, agents, members of an association formed in accordance with Art. (1) lit. jj) of Law no. 98/2016, subcontractors.
  • Recipients designates the interested parties, i.e. DATANET SYSTEMS staff, the company’s business partners, as well as any other third party that is involved or related to the performance of the company’s business activity;
  • Reasonable Preventive Investigation means that process by which the nature and extent of the risk of bribery is assessed in detail and by which the company is assisted in making decisions regarding specific transactions, projects, activities, specific business partners and specific personnel;
  • Facilitation payment means the unlawful or informal payment of a sum of money as compensation for services that the payer is legally entitled to receive without such payment and is a form of bribery.

 

ANTI-BRIBERY POLICY OBJECTIVES

The company’s priorities are translated into the general objectives of DATANET SYSTEMS anti-bribery policy:

■ Increase of the company’s prestige and trust in the company – through reliability, competence and ethics in rendering services and production of goods;

■ Increasing customer satisfaction – through active involvement of top management in order to create and maintain a favorable climate for the development of relationships based on business ethics, fairness, impartiality, free competition.

■ Development and implementation of an anti-bribery management system in compliance with the ISO 37001 standard;

■ Continuous improvement of personnel – through the organization of training programs for all company employees;

■ Appointment of an anti-bribery compliance officer;

■ Establishment of a governing body;

■ Prevention, detection, and/or mitigation of bribery risks from the earliest possible stages;

■ Creation of a reporting and verification system for notifications regarding breaches of the anti-bribery management system;

■ Ensuring compliance with applicable national and international legislation on the prevention and fight against corruption.

 

ANTI-BRIBERY POLICY PRINCIPLES

For the fulfillment of these aims, every DATANET SYSTEMS employee must be fully aware of his or her personal responsibility for bribery offenses regardless of his or her role in the company.

In doing so, we are guided by the following fundamental principles:

■ adherence to the principles of the United Nations Global Compact and the universally accepted “Ten Principles” in the areas of human rights, labor, environment and anti-corruption;

■ compliance with the principles of the U.S. Foreign Corrupt Practices Act and the UK Bribery Act;

■ informing all interested parties of DATANET SYSTEMS’ commitment to the fight against bribery based on the rejection of any act of corruption, in all its direct and indirect forms, both in the public and private sectors, by raising awareness, empowering and assuming the obligation to comply with all laws, including anti-corruption laws;

■ active involvement of the company’s top management in order to create and maintain a climate conducive to the development of relationships based on honesty, business ethics,

■ fairness, impartiality, professionalism, free competition, with the prohibition of any acts/actions of corruption, both within the company and in relation to business partners; awareness and accountability of all employees regarding bribery-related acts, regardless of their role within the company

■ allocating the necessary human and financial resources to fulfill the requirements

■ anti – bribery management system; expressly prohibit any form of instigation, solicitation, encouragement or support for the offering, promise, acceptance or solicitation of bribes or other improper advantages. It is strictly forbidden for any employee, collaborator or representative of the organization to:

– encourage or influence another, directly or indirectly, to commit an act of corruption;

– suggest or propose the offering of bribes, benefits or undue advantage in order to obtain a commercial, personal or professional advantage;

– facilitate actions that may constitute bribery, including through psychological pressure, promises of rewards or threats;

– know of and tolerate acts of corruption instigated by other employees or third parties without reporting them to the competent internal authorities.

– all employees have an obligation to report any reasonable suspicion of instigation of bribery, using dedicated internal channels, thereby ensuring that the integrity of the organization is protected.

■ continuously monitor the company’s Anti-Bribery Management System and take necessary action when results are not as expected:

■ zero tolerance for situations likely to put the company in a position to violate anti-corruption laws and other applicable regulations in force.

 

It is the duty of all employees to recognize and apply the provisions of this policy without exception and to abide by the principles that govern our business.

 

Human Resources

The selection and recruitment process respects the general principles governing labor law, namely the principles of non-discrimination, equal treatment, impartiality, autonomy and independent evaluation, which ensure that the final decision results in the selection of the most qualified persons to hold the position.

The hiring process is managed in compliance with Datanet Systems’ specific internal procedures. In accordance with the procedures, candidates must declare:

■ any relationship they have with public officials;

■ whether there are any legal actions initiated or finalized against them, including final court orders;

■ any criminal proceedings in which they are involved, and their capacity in relation to these

 

For all its personnel, as well as for personnel to be hired, the company imposes the following rules:

■ existing personnel must comply with this Policy and the Anti-Bribery Management System in its entirety;

■ compliance with the Policy and the anti-bribery management system is a mandatory condition of employment for new personnel. In this regard, during the recruitment phase, the candidate will be informed about this Policy and, upon signing the individual employment contract, will also sign the Declaration of Compliance with the Datanet Systems Anti-Bribery Policy

■ in the onboarding process, staff receive a copy of this Policy and receive detailed training on its contents;

■ existing staff and candidates for vacant positions will be informed that, according to this Policy, non-compliance with the anti-bribery management system and with this document is considered serious disciplinary misconduct and may be sanctioned by disciplinary termination of the individual employment contract;

Staff will not be subject to retaliation, or any discriminatory action or disciplinary action (e.g. threats, isolation, demotion, delayed promotion, transfer, dismissal, intimidation, victimization and other forms of harassment) for:

■ refusal to take part in or rejection of any activity reasonably believed to pose a higher risk of bribery than that reasonably believed to be low, which has not been mitigated by the organization;

■ raising concerns or reporting, in good faith or on reasonable grounds and with due regard to the principle of accountability, actual or suspected bribery or violation of the anti-bribery policy or anti-bribery management system (unless the person participated in the violation of the system).

Datanet Systems personnel must notify the company as soon as they become aware of any inquiry and/or criminal investigation (under criminal investigation or under judicial investigation) in which they are involved, if it concerns corruption or acts assimilated to corruption or any crime concerning the misappropriation of public tenders, abuse of office, embezzlement, conflict of interest or use of office to favor certain persons.

 

Conflict of Interest

Within the meaning of this Policy, a conflict of interest exists when an employee or a person acting on behalf of Datanet Systems is authorized to make a decision or participates in the making of a decision by the company, in which he/she has a private interest, and may obtain, directly or indirectly, for himself/herself, for his/her spouse, for a relative or a relative in law, or for a legal entity in which he/she is a partner, shareholder or which he/she controls, a pecuniary or other benefit.

Also, within the meaning of this Policy, a conflict of interest exists whenever between DATANET SYSTEMS personnel, third parties and its business partners one of the following situations exists:

■ the customers or one of their representatives with decision-making power over the purchase of products commercialized by the Company, as well as their spouse, relatives or in-laws up to the second degree inclusive, hold shares, stocks or other interests in Datanet Systems;

■ an employee of DATANET SYSTEMS or a person close to him/her (spouse, relatives or relatives up to the second degree inclusive) holds shareholdings (shares, stocks or other economic interests) in a client company, as this relationship may influence the employee’s professional decisions in favor of personal or family interests.

 

In the event of an impending conflict of interest, the individual must immediately report it to the Anti-Bribery Compliance Officer and refrain from making or participating in making the decision. The person in conflict of interest shall also, to the extent possible, endeavor to do everything possible to eliminate the situation.

In the case of functions identified as sensitive, the persons occupying them will, at reasonable intervals, make a declaration of avoidance of conflict of interest. Datanet Systems employees are expected to always act in the best interests of the company and to disclose any actual or potential conflicts of interest. Datanet Systems employees must also comply with the following rules:

 

Gifts: Entertainment and gifts – whether given or received – must be appropriate to the nature of the business relationship, offered/received openly, limited in value, for a business purpose, well documented, properly recorded and reasonable. Employees of Datanet Systems may give or receive business gifts or services only under certain circumstances and with appropriate approvals by Datanet Systems management.

Datanet Systems employees are not allowed to accept or offer gifts exceeding € 150 per person or entertainment exceeding € 400 per occasion. All gifts and entertainment activities offered by the company, must be approved internally with Purchase Notes (via the IT application for internal resource management = Resource management). All gifts and entertainment exceeding €150 and €400 respectively, accepted by employees must be notified by email to the Executive Director, the Deputy Executive Director and the Human Resources Officer.

 

Charitable contributions and activities

Datanet Systems encourages the generous spirit of Datanet Systems team members and encourages Datanet Systems personnel to volunteer their time, talents and energy to support charitable causes, provided that they do not conflict with Datanet Systems’ interests, reflect adversely on Datanet Systems and do not, directly or indirectly, give rise to situations that could be construed as bribery or unethical practices.

As examples, Datanet Systems acts to facilitate IT education for talented young people, to help underprivileged groups of people, to protect the environment.

Datanet Systems can be held accountable for the actions of its business partners when they act on its behalf. Therefore, business partners are carefully selected on the basis of reasonable ethical and commercial criteria and used exclusively for lawful business purposes. Those who are engaged to act on behalf of Datanet Systems are bound by Datanet Systems’ Anti-Bribery Policy and Datanet Systems Code of Conduct for Business Partners.

 

Facilitation payments.

Datanet Systems does not make or accept facilitation payments, regardless of amount or circumstances.

 

Political Contributions

Datanet Systems does not make political contributions, direct or indirect, to any political party, political organization or political candidate and does not allow its employees to make such contributions on behalf of the company. Any personal political involvement by employees must be clearly delineated from professional activities and must not in any way involve company resources, influence decisions or create conflicts of interest.

 

Reporting

Datanet Systems has a zero-tolerance policy against corruption and violations of this policy or applicable laws. Any actual or potential violations must be reported immediately to the Compliance Manager, Whistleblowers or through any other available reporting channel.

As Executive Director, I am committed to providing the material resources, human resources, time and personal involvement to ensure a climate conducive to the development of relationships based on business ethics, fairness, impartiality, and free competition.