FarmaindustriaDIATER Conflict of Interest Policy
Introduction
At DIATER, we adopt the necessary preventive measures to avoid conflict of interest situations that may affect our reputation and the trust that third parties place in us daily.
As part of this commitment, DIATER has developed this Conflict of Interest Policy, which defines what is meant by a conflict of interest and how DIATER expects its employees to behave in such situations.
Scope of Application
This Policy has a global scope, applying to all employees, collaborators, and executives of the DIATER Group, as well as its subsidiaries and companies under its effective control.
Responsibilities
It is the responsibility of all persons subject to this Policy to know and respect it, as well as to ensure (if applicable) that the people in their charge know, understand, and comply with it, leading by example and being a role model for conduct. In case of doubt, or when it is suspected that conduct contrary to this Policy is taking place, the Legal and Compliance Department should be consulted.
The Compliance Committee must ensure the fulfillment of this Policy, disseminating it, resolving doubts about its interpretation, and investigating possible breaches of which it is aware.
Non-compliance with this Policy may result in the corresponding corrective and disciplinary measures.
Concept of “conflict of interest”
A “conflict of interest” will be considered any situation in which a business action or decision may be influenced by a particular interest of the person or persons of DIATER involved in it, or by third parties with whom they have a personal link.
A personal link will be considered to exist with the following third parties:
- Individuals with whom the affected person has a relationship of affinity or consanguinity up to the third degree. This includes the spouse or person with whom they have an analogous affective relationship, as well as siblings, children, nieces/nephews, parents, grandparents, uncles/aunts, and cousins, both their own or those of the spouse or equivalent.
- Individuals with whom the affected person has a close friendship or manifest enmity or pending litigation.
- When there is or has been a relationship of ownership or belonging to an entity that is not part of the DIATER Group.
- Persons, whether individuals or entities, with whom the affected person has (or has had in the last three years) a professional, employment, or business relationship of any kind, specifically including cases where they have had ownership participation in the company.
EXAMPLES OF SITUATIONS THAT REPRESENT A CONFLICT OF INTEREST
- Recommending a relative or friend for a position without disclosing this circumstance.
- Having financial interests in competitor companies of DIATER or companies with which DIATER has a commercial relationship.
- Being married to a healthcare professional with whom DIATER interacts.
- Being a member of the Board of Directors, or being a director of a client, competitor, or supplier.
- Hiring a company controlled by you or a third party with whom you have a personal link to provide a service to DIATER.
- Maintaining a close personal relationship, especially an affective relationship, with another DIATER employee, particularly if there is an imbalance between the parties.
- Using your position at DIATER for personal gain.
Even if a conflict of interest situation has not yet occurred, whenever there is a reasonable suspicion that it may materialize, action must be taken according to this Policy. The provisions of this Policy will also apply if the beneficiary of the prohibited acts or activities is a person linked to the DIATER person performing them.
Principles of Action
Safeguard DIATER 's Interests
The organization's interest should be prioritized over personal interests or the interests of a single department. Likewise, all persons subject to this Policy must consider the ethical principles governing DIATER 's behavior, which are reflected in our Ethical Code and the Code of Good Practice of the Pharmaceutical Industry.
Therefore, all DIATER employees, collaborators, and executives must safeguard the company's interests in performing their duties and do so in a manner that does not contravene the ethical principles of the DIATER Group.
Avoid Conflicts of Interest
All DIATER personnel will attend only to DIATER 's interests and, consequently, will refrain from engaging in any activity that could lead to the emergence of conflicts of interest.
This implies taking the necessary measures to avoid the conflict of interest situation, whenever possible. However, it is not always possible to prevent such situations. Therefore, in those cases, it will be necessary to act according to the following section:
What to do if I find myself in a conflict of interest situation
Any DIATER person who becomes aware of being involved or that another person is involved in a real or potential conflict of interest affecting DIATER must inform their superior, with a copy to the Human Resources Department and the Legal and Compliance Department.
While waiting for a decision on the conflict of interest, the person affected by it must refrain from intervening or influencing the decision-making process affected by the conflict of interest or, if applicable, using the Company's assets (including its confidential information) for private purposes.
Decision on the Conflict of Interests
The superior of the affected person, as well as the persons in charge of the Human Resources Department and Legal and Compliance, must determine whether a conflict of interest situation is occurring and, if so, the appropriate corrective or mitigating measures.
In relation to this matter, it will be their responsibility to:
- Treat the information provided by the communicator confidentially.
- Fairly and impartially evaluate the situation around the reported conflict to determine the risks arising from it and find the solution that minimizes risks to DIATER while protecting, as far as possible, the personal interests of the person affected by the conflict of interest.
- Communicate the decision made to the affected person, ensuring the traceability of this communication.
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