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It’s in your hands!
Your knowledge could make the difference.
Support us in the fight against unfair trading practices.
During the use of BKMS® System, a text file (called a “session cookie”) is saved on your computer containing only the number of your session. This is necessary for technical reasons in order to establish the connection to a security-certified server. The “session cookie” does no damage to your computer, it does not access your data and has no relation to the contents of your report. If you close all browser windows after submitting your report, the “session cookie” will expire and be automatically deleted.
Your knowledge could make the difference.
Support us in the fight against unfair trading practices.
All information helps BLE as the enforcement authority, particularly insider information that may contribute to discovering and proving violations of the prohibition of unfair trading practices.
You can send information to us and communicate with us – completely anonymously – via the BLE whistleblowing system. The more specific your information is, the easier it is for us to start investigations and rectify any legal violations identified.
As a whistleblower, you should therefore be able to provide information on the following questions in particular:
Please describe the alleged violation to us as precisely as possible. Please also indicate which agricultural, fishery or food products or which industry your report concerns.
Example: “Customers X and Y have returned ordered Z products without paying the agreed purchase price” or “In industry A, it is customary not to pay for perishable B products until 50 days after delivery.”
You can find out which products are covered by the prohibition of unfair trading practices and which commercial practices are prohibited at www.ble.de/utp.
Please specify where the alleged violation happened.
Example: “The commercial practice described concerns region A/state XY/ the entire industry in Germany.”
Please specify when the event happened or how long a trading practice has been going on. Please also specify whether the event is ongoing or has already ended.
The prohibition on unfair trading practices came into force on 9 June 2021 for all new contracts and has also applied to all existing contracts since 8 June 2022.
Please specify which company/companies and which person(s) are involved in the alleged violation.
Example: “Companies X, Y and Z are involved, each through their purchasing managers. For X, this is Ms A, for Y Mr B, and for Z Ms C.” or “The practices described are widespread in industry X. Companies A, B and C are particularly active in this area.”
If you have any information on how proving what happened, please share it with us.
Example: “The commercial practice described results from the written contracts that are customary in the industry.” or “The violation can be proven by emails sent to suppliers by the purchaser XY of company A in June 2022.”
In order to remain anonymous, please ensure that you do not disclose any information that allows conclusions to be drawn about your identity.
The reported violations must be in the context of a professional activity with BLE, as the internal reporting office is not responsible for information on private misconduct.
The reports can be submitted not only by current and former employees, but also by applicants and persons who are or have been in contact with BLE as part of their professional activities.
When reporting, you should at least have reason to believe that your information falls under the Whistleblower Protection Act. Its scope includes, in particular, information on criminal activities, certain administrative infringements and violations of certain EU legal acts.
However, no legal review of the facts is required of legal experts. A report that accidentally falls outside the scope of the law has no consequences for the whistleblower.
However, a whistleblower who intentionally or grossly negligently reports incorrect information about a violation is not protected by the Whistleblower Protection Act. This means that there would be no protection for the confidentiality of identity and that damages could be claimed by an affected person.
The internal reporting office is initially obliged to check the validity of the report in contact with the whistleblower. It must then take appropriate follow-up measures to put an end to existing malpractice. One of the follow-up measures is that the internal reporting office can carry out independent investigations at BLE. On the other hand, the internal reporting office can refer the case for further investigation either to the unit responsible for disciplinary proceedings, for example, or directly to the police authority or the public order office.
As the whistleblower, you will receive confirmation of receipt of your report within seven days. Within three months of confirmation of receipt, you will receive feedback on the follow-up measures that are planned or that have already been taken and the reasons for these follow-up measures.
Protecting the confidentiality of the whistleblower is a key part of the internal reporting office’s duties.
Without the express consent of the whistleblower, their identity will not be disclosed to anyone other than authorised employees. In exceptional cases, the identity of this person may be disclosed in accordance with Section 9 HinSchG, particularly
To submit an anonymous or personalised report, start by clicking the ‘Submit report’ button at the top of our introduction page.
There are 4 steps to the report process:
If you already have a secured postbox, you can go straight to it via the ‘Login’ button. First, you will have to answer a security query.
As long as you do not enter any data from which conclusions about your person can be drawn, the technology of the BKMS® System will protect your anonymity.
Please rest assured that we are only interested in the case you are reporting. Abuses must be uncovered and financial losses prevented.
The overriding principle of the BKMS® System in use is the protection of the whistleblower. The system’s anonymity protection function is certified by an independent body.
When you set up your secured postbox, you choose your pseudonym/ user name and password yourself. This login information is not visible to anyone except you. If you lose your login information, please submit a new report and set up a new postbox. If possible, please provide the reference number of your previous report. The new postbox will not contain anything associated with your previous report.
Your report is kept anonymous through encryption and other special security measures. You do not have to provide any personal information if you submit a report anonymously. Do not submit any information that contains any reference to you. Please do not use any device provided by your employer, such as a PC or smartphone, to submit your report.
Via the secured postbox, an examiner will give you feedback about what is happening with your report or ask you questions if some details are still unclear – you will continue to remain anonymous throughout the dialogue. We are interested in reports to avoid damage or loss, not in you as a whistleblower.
Federal Office for Food and Agriculture (BLE)
Deichmanns Aue 29
53179 Bonn, Germany
represented by the president, Dr. Bünning-Fesel
Phone: +49 (0) 228 / 68 45-0
Fax: +49 (0) 228 / 68 45-3444
Email: info@ble.de
VAT identification number as per Section 27 a Umsatzsteuergesetz (German VAT Act): DE 114 110 249.
We take data protection and confidentiality very seriously and adhere to the provisions of the General Data Protection Regulation (GDPR) as well as current national data protection regulations. Please read this information on data protection law carefully before submitting a report.
The whistleblowing system (BKMS® System) serves for securely and confidentially receiving, processing and managing reports concerning violations of the compliance rules in accordance with Directive (EU) 2019/633 on unfair trading practices in business relationships between undertakings in the agri-food supply chain (UTP Directive) in conjunction with the Agricultural Organisations and Supply Chains Act (AgrarOLkG) and Directive (EU) 2019/1937 on the protection of persons reporting breaches of EU law (Whistleblower Directive) in conjunction with the Whistleblower Protection Act (HinSchG). The processing of personal data within the framework of the BKMS® System is based on the fulfilment of a legal obligation to which BLE is subject. The legal basis for this processing of personal data is Article 6(1)(c) of the GDPR in conjunction with Article 5(3) UTP Directive (EU) 2019/633 in conjunction with Section 26(1) AgrarOLkG and Article 8 Whistleblower Directive (EU) 2019/1937 in conjunction with Section 10 HinSchG.
The party responsible for data protection in the whistleblowing system is:
Federal Office for Food and Agriculture (BLE)
Deichmanns Aue 29
53179 Bonn, Germany
Phone: +49 (0)228 6845-0
Fax: +49 (0)30 1810 6845-3444
Email: info@ble.de
The whistleblowing system is operated by a specialised company, EQS Group GmbH, Karlstraße 47, 80333 Munich, Germany, on behalf of BLE.
Personal data and information entered into the whistleblowing system are stored in a database at a high security data centre operated by EQS Group GmbH. Only a limited group of responsible examiners of BLE have 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 is stored encrypted with multiple levels of password protection according to a system of permissions so that access is restricted to a very small selection of expressly authorised persons at BLE.
BLE has appointed a data protection officer. Enquiries regarding data protection at BLE can be made by phone at +49 (0) 228 6845 3340 or be sent to datenschutz@ble.de.
Use of the whistleblowing system is voluntary. We collect the following personal data and information when you submit a report using the whistleblowing system:
Incoming reports are received by a small selection of expressly authorised and specially trained employees and always handled confidentially. The employees evaluate the matter reported and carry out any further investigation that may be required by the specific case.
While processing a report or performing a special investigation, it may be necessary to forward reports to other employees of BLE or employees of other authorities and companies where required to clarify the facts of the case. We always ensure that the applicable data protection regulations are complied with when sharing reports.
All persons who receive access to the data are obliged to maintain confidentiality.
We are legally obliged to inform accused parties of any reports received against them as soon as the disclosure of this information no longer jeopardises the investigation. Your identity as a whistleblower will not be disclosed unless we are legally bound to do so.
Pursuant to European data protection legislation, you and the persons named in the report have a right of access, rectification, erasure and restriction of processing, and a right to object to the processing of your personal data. If the right to object to the processing of the personal data is exercised, the necessity of the stored data for the examination of a report will be evaluated immediately. Data that is no longer needed will be erased without undue delay. You also have the right to lodge a complaint with the supervisory authority. The competent supervisory authority for BLE is the Federal Commissioner for Data Protection and Freedom of Information (BfDI), who can be contacted via https://www.bfdi.bund.de.
Personal data are retained for as long as necessary to clarify the situation and perform a final assessment or for as long as a legitimate interest exists on the part of the company or retention is required by law. After the report processing is concluded, the data will be erased in accordance with statutory requirements.
Communication between your computer and the whistleblowing system takes place over an encrypted connection (SSL). The IP address of your computer will not be stored during your use of the whistleblowing system. To maintain the connection between your computer and the BKMS® System, a cookie is stored on your computer. This cookie merely contains the session ID (a session cookie). This cookie is only valid until the end of your session and expires when you close your browser.
You can set up a secured postbox within the whistleblowing system with an individually chosen pseudonym/ user name and password. This allows you to send reports to the respectively responsible employee of BLE either by name or in an anonymous, safe way. This system only stores data inside the whistleblowing system, which makes it particularly secure. It is not a form of regular email communication.
When submitting a report or an addition, you can simultaneously send attachments to the responsible BLE employee. If you wish to submit an anonymous report, please take note of the following security advice: Files may contain hidden personal data that could jeopardise your anonymity. Please remove all such information before sending a file. If you are unable to remove such data or are uncertain about 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.
The Federal Office for Food and Agriculture (BLE) endeavours to make its websites and mobile applications accessible in compliance with the Federal Act on Barrier-Free Access to Federal Websites and Mobile Applications (Web Accessibility Act – WZG) BGBl. I. No. 59/2019 as amended.
This statement applies to: https://www.bkms-system.com/UTP
This web application has been WACA certified on behalf of EQS Group GmbH and has been awarded the WACA certificate version WCAG 2.1 – AA in Silver on 30.11.2022. The ‘Web Content Accessibility Guidelines – WCAG 2.1’ conformance level AA has therefore been fulfilled to a very high degree. All content and functionalities are accessible to all users. Optional extended functionality is generally accessible, but some users may find that it cannot be used in an ideal manner. These features are subject to continuous review and improvement by EQS Group.
The following is a summary of the issues that prevented a ‘Gold Certification’ (WCAG 2.1 – AA in Gold):
No complaints.
No complaints.
No complaints.
No complaints.
No complaints.
No complaints.
No complaints.
No complaints.
When sending an addition after submitting a report, a text field needs to be completed again, which is marked with a star denoting a required field. It is not possible to submit an addition with the field empty. The informative nature of the error message has been assessed as suboptimal here; however, thanks to the required field stars, the attributes “required” and “aria” are largely sufficient.
This statement was prepared on 24.11.2022.
The statement was prepared based on an evaluation carried out by a third party.
This statement was last updated on 21 February 2023.
Should you find any deficiencies relating to compliance with the accessibility requirements, please use the contact form to get in touch with us at:
https://www.ble.de/DE/BLE/Kontakt/kontakt_node.html
We will then deal with your request internally and take the necessary steps.
If no satisfactory resolution is found following your feedback to the above-mentioned contact, you can contact the conciliation body in accordance with Section 16 BGG. The BGG conciliation body is responsible for supporting the out-of-court settlement of disputes between people with disabilities and federal public bodies on the subject of accessibility. The conciliation procedure is free of charge. No legal assistance is required. Further information on the conciliation procedure and the options for submitting an application can be found at
www.schlichtungsstelle-bgg.de
You can reach the conciliation body at the following address:
Conciliation body under the Disability Discrimination Act
at the Federal Government Commissioner for matters relating to people with disabilities
Mauerstraße 53
10117 Berlin, Germany
Phone: +49 (0) 30 18 527-2805
Email: info@schlichtungsstelle-bgg.de
