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The Common Reporting Standard (CRS) was adopted at the level of the Organisation for Economic Cooperation and Development (OECD), for the application of automatic exchange of information in the field of taxation, with the aim of improving tax collection and reducing cross-border tax evasion¹.

At EU level, the CRS was implemented by Directive 2014/107/EU on the automatic exchange of information in the field of taxation, which was subsequently transposed into the national legislation by Law No. 207/2015 on the Tax Procedure Code, which entered into force on 01.01.2016.

Taking into account the provisions of the Fiscal Procedure Code, as amended by the Government Emergency Ordinance no. 102 /29.06.2022, amending and supplementing the Law no. 207/2015 on the Fiscal Procedure Code, Banca Transilvania informs you about the possibility of selecting and reporting information on your accounts, under the conditions provided by the law. Thus, as a reporting financial institution, Banca Transilvania has the legal obligation to apply the reporting and tax due diligence requirements to tax-payers resident in countries to which Romania has committed itself through a legal instrument of international law and to improve the international tax compliance.

In fulfilling these obligations, the Bank shall report to the National Tax Administration Agency (A.N.A.F., the competent authority in Romania for exercising all rights and fulfilling all obligations regarding the exchange of information for tax purposes) the following information regarding each reportable account:

  1. In case of an individual who is a reporting person and who is the holder of that account: name, address, jurisdiction(s) of residence, tax identification number(s) and date and place of birth;
  2. In case of an entity that is both an account holder and a reporting person: name, address, jurisdiction(s) of residence and tax identification number(s);
  3. In case of an entity which is an account holder and which, after the application of the due diligence procedures, is identified as having one or more controlling persons who are reporting persons: a) the name, address, jurisdiction(s) of residence and tax identification number(s) of the entity; and b) the name, address, jurisdiction(s) of residence and tax identification number(s) and date and place of birth of each reporting person;
  4. account number or its functional equivalent in the absence of an account number;
  5. the balance or value of the valid account(s) at the end of the relevant calendar year or at the end of another appropriate reporting period or the closure of the account if the account was closed during the relevant calendar year;
  6. in case of any deposit account, the total gross amount of interest paid or credited to the account during the relevant calendar year or other appropriate reporting period;
  7. in case of any account not described in point 7, the total gross amount paid or credited to the account holder in respect to that account during the relevant calendar year or other appropriate reporting period in respect to which the reporting financial institution is debtor or obligor including the aggregate amount of any refunds paid to the account holder during the relevant calendar year or other appropriate reporting period.

This information shall be reported to A.N.A.F. in the calendar year following the year to which it refers, in the currency in which the account is denominated, and may subsequently be subject to data transfer by A.N.A.F., outside the territory of Romania, to Member States of the European Union or to other countries participating in the automatic reporting mechanism.

The processing of personal data is carried out by Banca Transilvania S.A. pursuant to its legal obligation and in accordance with the provisions of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing of the Directive 95/46/EC (General Data Protection Regulation). Details on the processing of personal data carried out by the Bank can be found in: theBT Privacy Policy.

In view of the reporting and due diligence procedures implemented for the exchange of information on financial accounts, as mentioned above, Banca Transilvania provides you with the following additional information in order to better understand the concepts set out in the specific legislation:

Financial account means an account managed by Banca Transilvania, as defined in the O.U.G. no 102 of 29.06.2022.

Reporting account means a financial account managed by Banca Transilvania and held by one or more reporting persons or a passive NFE with one or more controlling persons who are the reporting persons, provided that it has been identified as such under the tax due diligence procedures. Once an account is considered a reporting account, it retains that status until the date on which it ceases to be a reporting account, even if the balance or value of the account is zero or negative or there is no amount paid or credited to that account or in relation to that account. 

Where an account is identified as a reporting account, depending on its status at the end of the relevant calendar year or other appropriate reporting period, information in relation to that account should be reported as if it had been a reporting account throughout the calendar year or other appropriate reporting period in which it was identified as such.

When a reporting account is closed, the information reported on that account must cover the period in which it was open.

NFE means any entity that is not a financial institution.

Passive NFE means any:

  1. NFE that is not an active NFE; or
  2. an investment entity referred to in paragraph 17(b) of subsection A of the GEO No 102/29.06.2022, (whose gross income is derived mainly from investment, reinvestment or trading activities in financial assets, if the entity is managed by another entity that is a depository institution, custodian institution, specified insurance company or investment entity) that is not a financial institution in a participating jurisdiction.

Active NFE means any NFE that meets any of the following criteria:

  1. less than 50% of the gross income of the NFE for the preceding calendar year is passive income and less than 50% of the assets held by the NFE during the preceding calendar year are assets that produce or are held to produce passive income;
  2. the NFE's shares are regularly traded on a regulated market or the NFE is an affiliated entity of an entity whose shares are regularly traded on a regulated market;
  3. the NFE is a government entity, an international organization, a central bank or an entity wholly owned by one or more of these entities;
  4. all the activities of the NFE consist essentially of holding (in whole or in part) the subscribed shares issued by one or more subsidiaries whose transactions or activities are different from the activities of a financial institution or of financing and providing services to such subsidiaries. However, an entity does not have the status of an active entity if it operates (or holds itself out) as an investment fund, such as an unquoted equity fund, venture capital fund, leveraged buy-out fund or any other investment vehicle whose purpose is to acquire or finance companies and hold equity in those companies, representing capital assets for investment purposes;
  5. the NFE is not yet engaged in commercial activities and has never engaged in, but invests capital in assets with the intention of carrying on a commercial activity other than that of a financial institution, provided that the NFE does not qualify for this exception after the date that is 24 months from the date of the initial establishment of the NFE;
  6. the NFE has not been a financial institution for the past 5 years and is in the process of liquidating its assets or restructuring with the intention of continuing or resuming operations in activities other than those of a financial institution;
  7. the activities of the NFE consist principally of financing and hedging transactions with or for the affiliated entities that are not financial institutions, and the NFE does not provide financing or hedging services to any other entity that is not a related entity, provided that the group to which those affiliated entities belong is principally engaged in an activity other than the activities of a financial institution; or
  8. the NFE meets all of the following conditions:
  1. is incorporated and operates in Romania or another tax residence jurisdiction exclusively for religious, charitable, scientific, artistic, cultural, sporting or educational purposes; or is incorporated and operates in Romania or another tax residence jurisdiction and is a professional organization, business association, chamber of commerce, labor organization, agricultural or horticultural organization, civic association or organization operating exclusively for the promotion of social welfare;
  2. is exempt from paying the income tax in Romania or another jurisdiction of residence;
  3. has no shareholders or members who have ownership rights or benefits related to its assets or income;
  4. the national law applicable to the NFE or other jurisdiction of residence of the NFE or the founding documents of the NFE do not permit any income or assets of the NFE to be distributed or used for the benefit of a private person or non-charitable entity other than for the purpose of carrying out charitable activities of the NFE or as payment of reasonable compensation for services rendered or as payment representing the fair market value of the property that the NFE has purchased; and
  5. the applicable national law of the NFE or other jurisdiction of residence of the NFE or the founding documents of the NFE require that, upon liquidation or dissolution of the NFE, all of its assets be distributed to a governmental entity or other non-profit organisation or revert to the Government of Romania or other tax residence jurisdiction of the NFE or any political subdivision thereof.

Reporting jurisdiction means:

  1. any other Member State of the European Union;
  2. any other jurisdiction, other than Member States of the European Union, as defined in Section 1, paragraph 1(a) of the Multilateral Agreement of competent authorities for the automatic exchange of information on financial accounts, signed in Berlin on 29 October 2014, ratified by Law No 70/2016, with which Romania or the European Union, as the case may be, has an agreement in force under which there is an obligation on that jurisdiction to provide the information referred to in Section 2, paragraph 2 of the Agreement ratified by the provisions of Law No 70/2016.

Tax identification number means a tax identification number or its functional equivalent if no tax identification number/numbers exist. A tax identification number is a unique combination of letters or numbers assigned by a jurisdiction to an individual or legal entity and used to identify the individual or legal entity for the purposes of that jurisdiction’s tax laws.

Reportable person means a person who is resident in a reporting jurisdiction but who is not:

  1. a company whose capital is regularly traded on one or more regulated markets;
  2. any company that is an affiliated entity of a company referred to in point (a);
  3. a government entity;
  4. an international organisation;
  5. a central bank; or
  6. a financial institution.

Account holder: means the person listed or identified as the holder of a financial account by Banca Transilvania. A person, other than a financial institution, who holds a financial account for the benefit of or on behalf of another person as agent, custodian, trustee, signatory, investment adviser or intermediary, is not considered to be an account holder. In these cases, the other person is considered as the account holder.

For more information on the applicable tax reporting and due diligence requirements, please refer to the relevant provisions of Law no. 207/2015 on the Tax Procedure Code, as amended by Government Emergency Ordinance no. 102 of 29.06.2022.

¹ Until the publishing of this notification, the number of participating countries to the reporting mechanism, stipulated above, is 117. You can find out the updated list at this address: https://www.oecd.org/tax/exchange-of-tax-information/crs-mcaa-signatories.pdf

In order to align with FATCA requirements, Banca Transilvania SA has registered with the Internal Revenue Service as a participating institution, with the status of Registered Deemed Compliant FFI - Lead of an Expanded Affiliated Group.

What does FATCA mean?

FATCA = Foreign Account Tax Compliance Act / Foreign Account Compliance Act

FATCA is a legislative requirement — a tax compliance document — aimed at collecting data, by U.S. tax authorities, on accounts held by U.S. residents outside the United States.

Is Banca Transilvania a participant in FATCA?

Following the entry into force of the intergovernmental collaboration agreement concluded between the Romanian and U.S. tax authorities, in order to align with FATCA requirements, Banca Transilvania SA registered with the Internal Revenue Service as a participating institution, with the status of Registered Deemed Compliant FFI - Lead of an Expanded Affiliated Group.

The identification number (Global Intermediary Identification Number - GIIN) of Transilvania Bank is 4ID1WZ.00000.LE.642.

Also, the entities within the BT Financial Group impacted by FATCA requirements have registered on the Internal Revenue Service website as participating entities, having the following identification numbers (GIIN):

BT Securities: 4ID1WZ.00001.ME.642

BT Asset Management: 4ID1WZ.00002.ME.642 Branch of BT Italy: 4ID1WZ.00000.BR.380

Note: The BT Italia branch is subject to the requirements of the Italian legislation, following that the related reports will be made by BT Italia to the Italian tax authorities.

What is fatca's purpose?

FATCA aims to:

  • prevent and combat tax evasion generated by the cross-border activity of U.S. residents
  • increase the budget revenues by identifying all types of revenues obtained outside the U.S. territories by taxpayers to the U.S. budget

Are fatca provisions mandatory for financial institutions in Romania?

Romania, like most European countries, has concluded the Intergovernmental Agreement ("IGA") so that FATCA is applicable under the legislation of our country (Law no. 233/08.10.2015).

In this regard, all financial institutions in Romania have the obligation to identify taxpayers to the U.S. budget and to report their identification and financial data to the Romanian tax authorities in order to exchange the mutual exchange of information to be made between the Romanian and U.S. tax authorities.

Regardless of whether the forms required by law are filled in by customers or not, the legal provisions oblige financial institutions to report their data.

Is Banca Transilvania stricter than other banks in Romania in the application of FATCA?

Not.

Following the entry into force of the intergovernmental collaboration agreement concluded between the Romanian and U.S. tax authorities, in order to align with FATCA requirements, Banca Transilvania SA has registered with the Internal Revenue Service as a participating institution.

Thus, Banca Trasilvania complies with the provisions of Law nr. 233/08.10.2015, applicable to all financial institutions and other financial intermediaries in Romania.

If Banca Transilvania did not comply with FATCA's provisions, all of its and its clients' receipts having as source transactions made/initiated from the USA, such as dividends and interest paid by U.S. corporations, would be subject to a 30% withholding tax.

How are the bank's customers classified in terms of the date of initiation of the business relationship?

The starting date for the application of fatca provisions is 01.07.2014.

Natural and legal persons with whom the bank has entered into a business relationship

  • before this date = pre-existing customers
  • after this date = newly enrolled customers

What are the indices of the US ENTITY (legal entities)?

For pre-existing (non-cumulative) customers:

  • U.S. country of registration;
  • the address of the U.S. registered office (country);
  • correspondence address (country) USA;
  • U.S. tax residency (country);
  • any of the beneficial owners of an entity that has any of the indices:
  1. U.S. citizenship;
  2. the country of birth of the USA;
  3. U.S. home address/residence/correspondence;
  4. id issued by a U.S. authority;
  5. tax residency in the US.

For newly enrolled (non-cumulative) customers:

  • U.S. country of registration;
  • the address of the registered office in the USA;
  • any of the beneficial owners of an entity that has any of the indices:
  1. U.S. citizenship;
  2. the country of birth of the USA;
  3. id issued by a U.S. authority;
  4. tax residency in the US.

What are the indices of the US person (individuals)?

For pre-existing (non-cumulative) customers:

  • the country of birth of the USA;
  • U.S. citizenship;
  • U.S. tax residency;
  • the country of the U.S. home/residence/correspondence address;
  • the country issuing the U.S. ID;
  • landline/mobile phone located in the USA;
  • permanent instructions for transferring funds to an account located in the USA;
  • empower a person on account who has their address (domicile, residence/or correspondence) in the US.

For newly enrolled (non-cumulative) customers:

  • U.S. citizenship;
  • the country of birth of the USA;
  • U.S. tax residency;
  • the country issuing your U.S. ID.

Having one of these clues does not mean that an individual/legal entity is a US Person/ENTITY, but only that a more thorough analysis is required.

Which countries does the U.S. comprise in terms of FATCA?

  • United States
  • Minor remote U.S. islands
  • Guam
  • Northern Mariana Islands
  • Puerto Rico
  • U.S. Virgin Islands
  • American Samoa

What is the Taxpayer's ID Number ("TIN/SSN")?

Taxpayer Identification Number (TIN) is the tax identification number assigned to a person who is used by the IRS (U.S. Tax Authority) in administering tax laws. It is issued by the Social Security Administration (Social Security Number SSN) or by the IRS.

What does the Employer Identification Number EIN mean?

Employer Identification Number (EIN) is the tax identification number of a

natural persons or of another person (whether or not he is an employer). The terms Employer Identification Number and Identification Number refer to the same number.

What forms will need to be filled in?

Banca Transilvania makes available, in the territorial units, on the bank's website or by telephone request to the Call-Center, the forms necessary to be filled in according to fatca provisions (W-9, W-8BEN, W-8BEN-E). They can also be found on the IRS website.

What does form W-9 mean?

Form W-9 represents the Request for Tax Identification Number, with the purpose of requesting the tax identification number (TIN) of the taxpayer. It is used exclusively by U.S. persons, natural or legal persons.

What does the W-8BEN form mean?

Form W-8BEN aims to identify non-US beneficial owners of accounts and transactions and is used exclusively by individuals. Legal entities must use Form W-8BEN-E.

What does form W-8BEN-E mean?

Form W-8BEN-E is used to identify non-US legal entities or Foreign Financial Institutions (FFI) that are the beneficial owners of accounts or transactions. It is used exclusively by legal entities or Foreign Financial Institutions, while individuals must use Form W-8BEN.

What is FDAP Income (Fixed or Determinable Annual or Periodic Income)? 

FDAP Income for FATCA purposes is fixed or determinable income annually or periodically, except for gains from the sale of real estate or personal property (including market discount and option gains, but not including the discount on the initial issue). This category includes, for example, dividends, interest, pensions and annuities, alimony, compensation for personal services, rents, other than gains from the sale of real estate, copyright, etc.

US Source FDAP represents any income from US source that falls within the definition of FDAP Income.

What does Non-Financial Foreign Entity ("NFFE") mean?

NFFE means a legal entity outside the US that is not a financial institution. NFFE are divided into two categories:

  • NFFE assets= entities engaged in active or business transactions (production, industry, non-financial service, etc.) where less than 50% of gross income in the previous calendar year is passive. This is not a FATCA status.
  • Passive NFFE, are those entities that have a passive income of more than 50% of gross income (such as dividends, interest, rents, royalties, annuities). This is an indication of a FATCA status. However, only those entities that have as their beneficial owner (controlling persons) a citizen or resident of the United States are entities that have FATCA status.

What does Disregarded Entity mean?

In the case of individual enterprises and authorized individuals, the FATCA classification assigned to the person who owns the business will also be attributed to his business.

Am I a resident legal entity client and have I been notified that I have to fill in the FATCA forms?

This situation may occur when at least one of the beneficial owners / legal representatives of your company presents the FATCA index.

I am an individual customer before 30.06.2014 and I was notified that I present the FATCA index. I want, by proxy, the addition of an authorized natural person. What formalities do I have to complete?

If the power of attorney provides full rights for the authorized person, then it will be necessary for him to fill in form W9: Annex No. Code 28 a). Otherwise, you need to fill in this form.

I am a resident individual client, with an account opened at Banca Transilvania before 30.06.2014. We have authorized on the account a foreign citizen with dual citizenship – Romanian and American. What formalities do I have to complete?

The formalities required to be completed are:

  • Completion of the Declaration of citizenship / additional tax residency (if you have double citizenship / tax residency)
  • Filling in the W8-BEN Form : Annex No. Code 28 c)

How can I find out more details?

Additional details can be obtained by accessing the following sites: 

http://www.irs.gov/Businesses/Corporations/Foreign-Account-Tax-Compliance-Act-FATCA 

http://www.treasury.gov/resource-center/tax-policy/treaties/Pages/FATCA.aspx

We also inform you that, starting with 21.06.2010, the Government Emergency Ordinance 50/09.06.2010 on credit agreements for consumers has entered into force, a normative act transposing into Romanian legislation the provisions of European Directive no. 2008/48/EC.

We invite you to consult the updated form of the documents listed above, as well as the credit agreements related to the credit line facility granted in the current account of the individual (overdraft) and credit cards for individuals, by accessing the links below, or in any Banca Transilvania unit. We take the opportunity to inform you that a copy of the above-mentioned contracts you will receive - free of charge - in any Banca Transilvania location.

For further information, we are waiting for you in any Banca Transilvania unit or we are at your disposal at the e-mail address contact@bancatransilvania.ro.

From 27 January 2018, Law 258/2017 enters into force, which deals with 3 aspects: the comparability of fees, the mobility of accounts and access to banking services for financially vulnerable people.

1. In Banca Transilvania, it will be applied as follows: for individual customers, with a clear distinction between:

  • Financially vulnerable people - defined as those whose monthly income does not exceed the equivalent of 60% of the average gross earnings in the economy as forecast in the latest autumn macroeconomic forecast, or whose income does not exceed this threshold for 6 consecutive months. This means a gross income of 4540 lei/month.
  • The rest of the individual customers.

2. A new terminologyis introduced:

  • The current account is referred to as the "payment account";
  • The services available through the payment account are divided into:
    • Basic services: (a) opening, administration and closing of payment account; (b) depositing funds; (c) cash withdrawals; (d) payments.
    • Other services.

3. Rules for distinct commissioning of the payment account with basic services applicable to financially vulnerable individuals.

4. Competent authority empowered to ensure the application and enforcement of the law: ANPC.

5. The current procedure for account mobility:operations / actions / additional documents to be used, completed and transmitted between the parties.

  • Switching or switching service is the transfer from one bank to another, at the request of the individual customer, either of information relating to all or some of the standing orders of payment for credit transfers, recurring direct debits and receipts by recurring credit transfers executed on a payment account, or of any positive balance of the payment account from one payment account to another, or both, with or without closing your old payment account. If a customer requests such a service, he must fill in a dedicated request to the bank to which he wishes to transfer his account, and after that, the receiving bank will contact the bank where the account was originally opened and request the communication of specific information in order to process the request.
Authorisation to change payment account
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Fee information document
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Cancel authorization to change payment account
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Switching or switching service
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Some questions and answers about the applicability of Law 258/2017
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Conditions for accessing & using the payment account in LEI with basic services, intended for financially vulnerable individuals
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Starting with October 31, 2016, Banca Transilvania implemented the SEPA regulations, regarding foreign exchange payments.

SEPA= Single Euro Payments Area (Zona Unică de Plăţi în Euro)

Context:

  • starting with July 18, 2016, Banca Transilvania receives receipts in EUR through the SEPA system;
  • starting with October 31, 2016, Banca Transilvania transmits through EUROSENT all SEPA payments in EUR and STEP2 all SEPA payments in EUR.

1. What is a SEPA payment?

The SEPA payment is that payment which:

  • is in EUR;
  • it is ordered in "normal" mode (i.e. without urgency);
  • has as a beneficiary bank a bank from one of the 32 countries in the SEPA area (the list of countries is detailed at the end of this FAQ).

Any payment satisfying these conditions will be settled through a special system, without going through correspondence banks.

2. Is there a minimum/maximum limit on the amounts paid through SEPA?

Not.

3. Will it still be possible to make urgent payments, in eur, in SEPA countries, under SHA commissioning regime?

Yes, however, they will not be classified as SEPA payments and will be settled through a different system than payments subject to SEPA regulations.

4. What are the main milestones of a BT SEPA payment?

  • Currency date T+1, i.e. the money goes to the beneficiary's account the next business day. If a customer needs the money to reach him on the same day, he will make a currency payment with urgency, just like now, which will go through the swift settlement system, with correspondent banks.
  • Because there are no more correspondence banks in the SEPA settlement, the correspondent bank fee will no longer be withheld for these payments.
  • It's ordered with SHA, because the legislation can't be otherwise;
  • The Eur clearing system of Transfond is used: EUROSENT;

5. Are there any differences from the market?

No, because the legislation is the same.

6. What happens to currency payments ordered by customers through BT 24 or BT Ultra?

Those payments that qualify as SEPA will be automatically settled through the EUROSENT and STEP2 system.

There is a legal constraint of the type of file to be used by customers who import files, but these are particular cases, we have few customers and all will be contacted separately.

7. What are the regulated characteristics of SEPA payments?

  • payment processing is done automatically, without manual intervention
  • mandatory identification elements: IBAN codes for customer accounts and BIC codes for the identification of payment service providers
  • the currency of the payment is the euro
  • the beneficiary is located in one of the 32 countries in the SEPA area
  • the payer's account can be opened in euros or in another currency, when the payer's bank offers automatic currency conversion services
  • the payment amount must be fully credited to the beneficiary's account
  • there is no limit to the amount of the payment
  • the maximum settlement term is one business day
  • the standard for payment messages is the UNIFI ISO 20022 (XML) Credit Transfer standard

8. What is the legal framework governing these payments?

  • Law nr. 209/08.11.2019 on payment services and for the amendment of certain normative acts
  • Regulation (EU) No .../... ANRE President's Order no. 260/2012 establishing the technical and commercial requirements applicable to credit transfer and direct debit operations in euro, as well as other internal regulations in force

9. Which are the countries in the SEPA area:

The Member States of the European Union:

  • Euro area countries: Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, Spain and Slovenia
  • Non-euro area countries: Bulgaria, Czech Republic, Denmark, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia, Sweden
  • Member States of the European Economic Area (EEA): Iceland, Liechtenstein, Norway
  • Non-member countries of the European Economic Area: Switzerland, Monaco and the United Kingdom

Sepa will be extended to the following territories, considered as part of the European Union (Art. 299 Treaty of Rome): Martinique, Guadalupe, Guiana Franceza, Reunion, Gibraltar, Azores, Madeira, the Canary Islands, Ceuta and Melilla and the Aland Islands.

This reporting channel is not intended for commercial complaints, which are processed through separate dedicated channels in accordance with current regulations.

Internal reporting channels are available to GFBT staff, which have been made known to them and can be accessed via the intranet.

The e-mail address myalert@btrl.ro allows persons who are not part of the GFBT group to communicate information obtained in a professional context in order to prevent the materialisation of potential events or to disclose details of events that have already materialised, which relate to the conduct of GFBT's business and/or the management of their entities or territorial units and which constitute violations of internal regulations and/or legal provisions, including the legal provisions set out in Annex 2 of Law 361/2022;

All reports are handled in a confidential manner and in accordance with current regulations.

Persons making a report are granted protection against the risk of reprisals, as provided for by the legislation in force.

Any abuse of the whistleblowing system may expose the person reporting to disciplinary sanctions or criminal prosecution. However, using this system in good faith will not expose the reporter to any sanction, even if the facts are later found to be inaccurate or do not give rise to any prosecution. For any further details, please refer to GFBT's Whistleblowing Policy (available here).

I confirm that I have read and understood the information on the GFBT warning channel and personal data protection.