National Contact Points for Responsible Business Conduct

NCP follows the principles of impartiality and transparency ensuing from both the guidelines and national requirements related to the protection of personal data and data processing. During the entire process, the confidentiality of delicate business information and personal data are secured to the extent of the national law.  Should the NCP become aware of the threat of or existence of reprisals directed at a person involved in a specific instance, or towards the NCP or one of its members, steps shall be taken within its capacities, and in consultation with other relevant government entities with the aim of ensuring that the person at risk has adequate protection and that the proceedings can continue in a safe, accessible, equitable and impartial manner. Before undertaking any action in this regard, the NCP will consult with the person at risk where possible. Reprisals may include threats to harm the individual, their family or other relations, inappropriate threats to terminate employment or benefits or inappropriate threats of legal action. Appropriate measures may include, for example, keeping the identity of the person at risk confidential, suggesting that the person at risk be represented by a trusted third party, documenting attempted reprisals in statements, reaching out to relevant authorities or assisting the person at risk in doing so.

Impartiality is guaranteed at the level of structural units within the Consumer Protection and Technical Regulatory Authority.
The Estonian NCP handles specific instances about non-observance of the guidelines occurred in Estonia, and specific instances submitted against Estonian companies operating in other countries. NCP helps solve specific instances related to the application of the guidelines in a specific case in an extrajudicial, impartial, and just manner in compliance with the principles set out in the guidelines. 
Generally, specific instances are dealt with by the NCP of the country in which the issues have arisen. If necessary, NCPs of other relevant countries are involved. Specific instance can be submitted both by organisations and private persons with a legitimate interest to raise the issue. 
The specific instance will also be submitted to the company against whom the specific instance is being raised. In case the submitter of the specific instance wishes confidentiality concerning his/her identity or sensitive information, it must be clearly indicated to the NCP together with relevant justification.

The prerequisite for commencing proceedings is the submission of a specific instance to the NCP. The parties to a specific instance are the submitter and the enterprise against whose activities the specific instance is submitted (hereinafter “the parties”). 

If you want to submit a specific instance, please send a filled online form in Estonian or English or send a pdf-form by e-mail to [email protected], or by regular mail at: NCP Estonia, Consumer and Business Counselling Department, Consumer Protection and Technical Regulatory Authority, Endla 10a, 10122 Tallinn, Estonia.
 

The NCP sends the submitter a confirmation of receiving the specific instance by e-mail within 10 business days. The NCP will also forward the specific instance to the relevant enterprise together with the reference to the applicable procedure.

In case several countries are involved in handling the specific instance, the NCP that received the specific instance informs other NCPs concerned at the outset with the goal of designating the lead and supporting NCPs.  Generally, the NCP of the country in which the issues have arisen would be the lead NCP. NCPs should come to an agreement within 2 months. The lead NCP is responsible for all aspects of the specific instance process. Other NCPs are kept informed during the proceeding.

NCP operates in an unbiased manner and does not take sides when handling the specific instance. Conflict of interests occurs in a situation where private or official relations of a member of the NCP or a person assisting in handling the specific instance interfere or may interfere his/her objectivity, independence, or impartiality. In case of a potential conflict of interests, the person shall withdraw himself/herself from the proceedings.  

The NCP conducts an initial assessment on whether the NCP is competent to handle the specific instance, assessing whether the issue has been submitted in a good faith and is relevant from the point of view of the implementation of the guidelines. In doing that, the NCP shall consider the following: 

a) the identity of the party concerned and its interest in the matter;

b) whether the issue is material, i.e. relevant to the implementation of the Guidelines; and substantiated, i.e. supported by sufficient and credible information;

c) whether the enterprise is covered by the guidelines;

d) whether there seems to be a link between the enterprise’s activities and the issue raised in the specific instance; 

e) the extent to which applicable law and/or parallel proceedings limit the NCP’s ability to contribute to the resolution of the issue and/or the implementation of the guidelines; 

f) whether the examination of the issue would contribute to the purposes and effectiveness of the guidelines
The NCP hears the submitter and the enterprise against whose activities the specific instance is submitted, if necessary. 

The term “parallel proceedings” refers to judicial or non-judicial processes, which may be domestic or international in nature, involving the same or closely related issues and which could influence the ongoing specific instance. This includes for example specific instances before the same NCP or another NCP.

If parallel proceedings have been conducted, are under way or are available to the parties concerned, this does not preclude the NCP from offering good offices to the parties. NCPs should evaluate whether an offer of good offices could make a positive contribution to the resolution of the issues raised and/or the implementation of the Guidelines going forward and would not create serious prejudice for either of the parties involved in these other proceedings or cause a contempt of court situation. In making such an evaluation, NCPs could consider the possibility to partially accept the specific instance or to suspend its examination while the parallel proceedings are ongoing and, where appropriate, consult with the institutions in which the parallel proceedings are being or could be conducted. NCPs will seek parties’ assistance in considering these matters by requesting relevant information and views on the parallel proceedings.
 

The NCP aims at concluding an initial assessment within three months as of the submission of the specific instance, which the handler may extend depending on the circumstances and complexity of the case. The NCP shall inform the parties of extending the deadline at the first opportunity. 

The NCP draws up a written resolution together with the reasons for acceptance or rejection of the specific instance and sends it to both parties by e-mail for comments. The parties may submit comments within 2 weeks. Initial assessment contains the circumstances of the specific instance, conclusion of the activities performed and justification of the NCP about why it decided to carry on with the proceeding or terminate it. The NCP publishes the resolution of the decision on the website of the Consumer Protection and Technical Regulatory Authority thereby considering the necessity to protect sensitive information.

The NCP aims at completing the substantial discussion of the specific instance within six months as of accepting the case, but the actual length depends on the circumstances and the role of the parties in the proceeding. The NCP shall inform the parties of extending the deadline at the first opportunity.

When accepting the specific instance, the NCP hears the parties jointly and/or separately, involves experts, other authorities or interested parties, if necessary. As part of good offices, the NCP may seek the advice of relevant authorities, as well as representatives of the business community, labour organisations, other nongovernmental organisations, and experts. Consulting with NCPs in other countries or seeking information from the OECD Secretariat or guidance from the Working Party on Responsible Business Conduct on issues related to the interpretation of the Guidelines, may also help to resolve the issue. 

The NCP carries out a mediation process helping the parties negotiate to find a mutually acceptable solution in the form of an agreement. The NCP may involve a third person to mediate the parties. If necessary, the NCP organises the meetings online and, if possible, assists the parties in translation.

The NCP informs the parties of all relevant facts and arguments the other party has submitted to the NCP during the proceeding.

The NCP takes appropriate measures to maintain confidentiality of personal data of the parties concerned if disclosing it places them or related persons at risk of retaliation and will take appropriate steps to protect sensitive business information protected by law.

The NCP ensures a transparency towards the public during the entire proceeding, including enabling the parties publish their specific instance and submit information concerning the mediation process ensuring, if relevant, confidentiality of individuals or of the sensitive business information protected by law.

If the parties refuse from the mediation process or fail to reach an agreement or if the NCP considers reaching the agreement to be unlikely, the NCP describes in the decision the proceedings carried out and refers to the reasons for failure to reach an agreement, as well as to issues requiring additional attention, if necessary.

NCP aims at drafting a final statement within 3 months after the conclusion of the substantive discussion of the issue.

NCP shall provide determinations on whether the company has (or has not) complied with the Guidelines. The NCP sends the draft decision to the parties for commenting. The parties may submit comments within 2 weeks. The NCP shall consider the comments but is not bound to them.

If the parties reach an agreement, the NCP publishes the final statement with the conclusions of the process. The NCP may also include recommendations on the implementation of the Guidelines in its statements, as appropriate.

If the parties fail to reach an agreement, the NCP publishes the statement on its website by describing the proceedings carried out and refers to the reasons for failure to reach an agreement, as well as to issues requiring additional attention, if necessary. The NCP may also include recommendations on the implementation of the Guidelines in its statements, as appropriate. The results of processing the specific instance are not disclosed if maintaining their confidentiality is prudent for efficient application of the guidelines.

If a party is of the opinion that the NCP is not fulfilling its responsibilities regarding handling of the specific instance, it is possible to file a substantiated submission to the OECD Investment Committee.

The NCP notifies the OECD Investment Committee of the results of processing the specific instance within three months after the completion of the proceedings.

Within one year after the end of processing the specific instance at the latest, the NCP sends an inquiry to the parties regarding a mutual agreement reached or adoption of the recommendations. Within 18 months after the publishing of the resolution to completion of processing of the specific instance at the latest, the NCP publishes a summarised assessment on adoption of the agreement or recommendations on their website, except in cases where maintaining their confidentiality is prudent for efficient application of the guidelines.