4.3.5.2. Signalement externe

4:136 The NBB has set up an external channel to report breaches. Information on this system can be found on the NBB’s website under “Report a breach”.[1] Article 36/7/1 of the Act of 22 February 1998 establishing the organic statute of the National Bank of Belgium and the Act of 28 November 2022 transposing Directive (EU) 2019/1937 prohibit any civil, penal or disciplinary proceedings, any professional sanctions and any unfavourable or discriminatory treatment, as well as any termination of the employment contract of a staff member for reporting a breach. The NBB may impose an administrative sanction on any firm that violates this prohibition.

4:137 The NBB uses the information provided in these reports solely for the purpose of performing its legal duties. This information is subject to the heightened duty of confidentiality laid down in Article 36/7/1 §2 of the Act of 22 February 1998 establishing the organic statute of the National Bank of Belgium and the Act of 28 November 2022 transposing Directive (EU) 2019/1937. The protection of the reporting person and the person concerned is therefore guaranteed.

 

[1] It should be noted that the system for reporting breaches to the NBB is not intended to be used solely for violations of the Brokerage Supervision Act and extends to violations of other prudential legislation and anti-money laundering legislation.