The obligation to provide information according to EU-GDPR for the BKMS® System (whistleblowing system)
Data protection policy
We take data protection and confidentiality very seriously and adhere to the provisions of the EU General Data Protection Regulation (EU-GDPR) as well as current national data protection regulations. Please read this data protection information carefully before submitting a report.
Purpose of the whistleblowing system and legal basis
The whistleblowing system (BKMS® System) serves the purpose of securely and confidentially receiving, processing and managing reports regarding violations of supervisory law (§ 2 FMABG). The Austrian Financial Market Authority is subject to this law. The processing of personal data in the BKMS® System is based on the legitimate interests of the Austrian Financial Market Authority to detect and prevent misconduct or violations and thus avoid damage to the financial market, its employees and customers. Article 6 (1) (e) and (c) EU-GDPR in conjunction with § 99g (2) BWG serves as legal basis for this data processing.
Responsible authority and data protection officer
The party responsible for data protection in the whistleblowing system is the Austrian Financial Market Authority (FMA), Otto-Wagner-Platz 5, 1090 Wien, Österreich; Tel.: +43 1 249 59 - 0, datenschutz@fma.gv.at.
The reporting system is operated by a specialised company, EQS Group GmbH, Bayreuther Str. 35, 10789 Berlin in Germany, on behalf of the Austrian Financial Market Authority.
Personal data and information entered into the reporting system are stored in a database operated by EQS Group GmbH in a high-security data centre. Only the Austrian Financial Market Authority has access to the data. EQS Group GmbH and other third parties do not have access to the data. This is ensured in the certified procedure through extensive technical and organisational measures.
All data are stored encrypted with multiple levels of password protection so that access is restricted to a very small selection of expressly authorised persons at the Austrian Financial Market Authority.
The Austrian Financial Market Authority has appointed a data protection officer who can be contacted by sending an e-mail to ext-dsb@tuv.at.
Type of the collected personal data
Use of the reporting system takes place on a voluntary basis. If you submit a report via the whistleblowing system, we collect the following personal data and information:
- your name, if you choose to reveal your identity,
- whether you are employed at the concerned company , and
- the names of persons and other personal data of persons that you name in your report.
Confidential handling of reports
Incoming reports are received by a small selection of expressly authorised and specially trained employees of the Austrian Financial Market Authority and are always handled confidentially. The employees of the Austrian Financial Market Authority will evaluate the matter and perform any further investigation required by the specific case.
All persons who receive access to the data are obligated to maintain confidentiality.
Rights of the data subjects
According to European data protection law, you and the persons named in the report have the right to inquiry, rectification, erasure, restriction of processing and the right to object to processing of personal data concerning them as well as the right to data portability. Data that is no longer required is deleted immediately. In addition, you have the right to lodge a complaint with a supervisory authority.
Retention period of personal data
Personal data is retained in accordance with § 22 Abs. 4 FMABG and is deleted in accordance with the statutory requirements.
Use of the reporting portal
Communication between your computer and the reporting system takes place over an encrypted connection (SSL). Your IP address will not be stored during your use of the reporting system. In order to maintain the connection between your computer and the BKMS® System, a cookie is stored on your computer that merely contains the session ID (a so-called null cookie). This cookie is only valid until the end of your session and expires when you close your browser.
It is possible to set up a postbox within the reporting system that is secured with an individually chosen pseudonym / user name and password. This allows you to send reports to the responsible employee at the Austrian Financial Market Authority either by name or in an anonymous, safe way. This system only stores data inside the reporting system, which makes it particularly secure. It is not a form of regular e-mail communication.
The provision of personal data is not prescribed by law or contract and is not required for a conclusion of contract.
An automate decision making incl. profiling never happens.
Note on sending attachments
When submitting a report or an addition, you can simultaneously send attachments to the responsible employee of the Austrian Financial Market Authority. If you wish to submit an anonymous report, please take note of the following security advice Files can contain hidden personal data that could compromise your anonymity. Remove this data before sending. If you are unable to remove this data or are unsure how to do so, copy the text of your attachment into your report text or send the printed document anonymously to the address listed in the footer, citing the reference number received at the end of the reporting process.