Compliance

• 1: Compliance rules for ANBI
• 2: Travel and meeting policy
• 3: Confidentiality
• 4: Policy for using copyright material

1 - Compliance rules for ANBI

The source for these rules is the website of the Dutch tax services. The Dutch tax services is resonsible for giving organisations the status of ANBI.

Our statutes state our activities which are fully focussed on general interest. You can find the statutes and other documents on our ANBI page.

Integrity

When a person working for Balean and has a public function does not pass the integrity test, then Balean may loose its status as ANBI.

To prevent such a situation, we require every person working in a public-facing function for Balean to provide us with a Certificate of Conduct. One of the directors of Balean will set up a request for such a certificate. The person in question needs to finish the request on their personal behalf. Any costs involved will be reimbursed.

90% rule

An organisation of general interest must spend at least 90% of her expenses on general interest.

In our bookkeeping, we must make clear what cost are for general interest and what are for keeping the organisation running. For this, we need to provide clear overview of the purpose and the cost to fulfil that purpose.

Policy plan

A topical policy plan must be publicly available that at least covers what action the organisation is planning for the coming year towards their purpose.

2 - Travel and meeting policy

Summary

Balean is a foundation for ocean restoration and conservation. Based on the principle “practice what you preach”, we also have sustainability on our mind for all our internal activities. We have no office, no commute, mostly online meetings, and we are working on making our IT as green as possible as well.

In line with this, we also created a policy to help determine when to travel physically and when to meet online. The goal is to minimize our ecological footprint while ensuring effective collaboration.

Guidelines

Core Principles

• Avoid first: Prefer remote meetings unless they significantly compromise outcome quality.
• Reduce second: If physical travel is necessary, opt for the lowest-carbon alternative.
• Offset third: Only unavoidable emissions are compensated via verified schemes.

Avoid first

Online meetings and home office has allowed us to prevent carbon emissions from travel significantly. Online meetings is therefore the default option at Balean.

Reduce second

Sometimes a meeting can only be effective when you meet in person. See When to meet in person for more guidelines on this topic. If you need to meet in person, choose the travel option with the lowest carbon emissions.

1. Go by bike of by foot where possible
2. Prefer public transport (train/bus) over a car
3. Only use a car when public transport is not allowing you to reach your destination in time.
4. Use flying as a last resort.
5. If you do need to take a long journey, try to extend your stay by combining events. For example plan a vacation at the same destination to extend your stay.

Offset third

We see carbon offsetting as a last resort. Our priority is to reduce the amount we travel as much as possible. We pay to offset our carbon emissions from air, road and rail travel.

Meeting guidelines

When to meet online

• Online meetings always have the first preference.
• If you can meet in-person without carbon emission, prefer that over online.
• Only meet in person when online meetings are not an option. See When to meet in person for guidelines on when to consider an offline meeting.
• If the meeting takes less than 4 hours, always prefer online over meeting in person.

When to meet in person

• Strategic or Creative Collaboration is Critical
  • Multi-day workshops, design sprints, or innovation labs where brainstorming and co-creation are central.
• High-Trust Relationship Building is Required
  • Kick-offs with new partners, key donor negotiations, or sensitive stakeholder meetings where rapport and trust are essential.
• Complex or Sensitive Discussions Need Rich Communication
  • Conflict resolution, organizational change discussions, or high-stakes negotiations.
• Tactile or Physical Work is Involved
  • Hands-on activities like prototyping, field site visits, equipment training, or working with physical data/maps.
• Cross-Cultural or Interdisciplinary Teams Benefit from Rich Interaction
  • When face-to-face dynamics reduce misunderstanding and build common ground more effectively.
• Meeting Length and Intensity Justifies It
  • Extended workshops (e.g., 6+ hours/day over multiple days) where online fatigue would impair productivity.
• Multiple Goals Can Be Combined into One Trip
  • When several high-value engagements can be bundled (e.g., site visits + partner meetings + training) to maximize impact per trip.
  • It is also encouraged to extend your stay for personal reasons.
• Significant Long-Term Impact is Expected
  • When in-person interaction is likely to produce outcomes that shape strategy, partnerships, or funding in a lasting way.
• There is Clear Added Value Over Online
  • The organizer must demonstrate how physical presence will materially change the outcome compared to online.

Events and conferences

When you want to visit conferences or events, the same principles apply as with in person meetings. But also consider the following:

1. Does this event help us achieve outcomes we couldn’t achieve otherwise?
2. Justify travel if your visibility or influence is expected to create measurable impact.
3. Check if the event offers livestreams, hybrid participation, or recorded sessions and prioritize those options if they meet your needs.
4. Consider in-person attendance when critical partners, funders, or collaborators are confirmed to be present, and online networking would not provide the same opportunity.
5. Prefer local or regional conferences reachable by train or bus
   • Flights should only be considered if the event’s value and outcomes strongly outweigh the emissions impact.
6. Limit multiple team members attending the same event unless their roles are clearly distinct and necessary.
7. After the event, assess outcomes: Did we build valuable partnerships, raise our profile, or secure funding? If not, reconsider attending similar events in the future.

Travel guidelines

• Always prefer the lowest-carbon alternative.
• One-way rail journeys to other countries in Europe that take less than 10 hours, should be made by train at least one way; both ways where possible.
• One-way journeys that take less than 6 hours should be completed both ways by train.
• For journeys less than 200 km, consider public transport unless a destination is not reasonably accessible by public transport (e.g. public transport would take three hours or more).
• Also consider the lowest-carbon alternative when travelling from your destination airport/train station to your final destination. Prefer public transport or a shared bike over taking a taxi.
• If your destination is only reachable through flying, consider other alternatives first (like meeting online). Only fly as a last resort.

Emissions and offset

When calculating CO2 emissions, we use the CO2e standard. Use the calculators by MyClimate.org for a standardized way of calculation.

Decision criteria

1. Can the meeting be conducted effectively online?
   • Check Meeting guidelines
   • Yes -> Hold it online.
   • No -> Proceed to step 2.
2. Clearly describe the reason for meeting in person based on the guidelines.
   • Proceed to step 3
3. Select how to travel to the meeting based on the travel guidelines.
   • No carbon emissions -> Travel to the meeting
   • Otherwise -> Explain why necessary
4. Can you combine the trip with other events?
   • Yes -> Please elaborate on which events
   • No -> Reconsider meeting online

Roles & Accountability

• All significant travels must have a decision record which is reviewed by at least one other person.
• Travel logs and justifications are logged in a central system.

Decision template

Use the following decision template as an example to log specific decisions for meetings that include flying.

# Decision Overview: `Travel or Online Meeting`

**Date:** `[fill in]`
**Meeting Subject:** `[short description]`

## Meeting Details

* **Can the meeting be online?** `[yes/no]`
* **Distance between participants:** `[e.g., Europe - Canada]`
* **Meeting length:** `[e.g., 2 days]`
* **Justification for in-person:** `[e.g., yes, better brainstorming]`
* **Can the meeting be combined with other events?** `[Short motivation]`

## Decision

* **Decider(s):** [Name, Role]
* **Chosen option:** `[online/physical]`
* **Chosen transport:** `[bike/car/train/flight]`
* **Reason and justification:** `[short motivation]`

## Emissions & Offset

* **Estimated CO₂ emissions (kg):** [...]
* **Offset applied?** [Yes / No] — Details: [...]

Use Case Example

Meeting Details

To consider collaboration with a canadian organisation, we planned a 2-day workshop to work on a mutual business plan and discuss strategic details for that plan.

• Can the meeting be online? Yes - when split in multiple shorter meetings
• Distance between participants: Netherlands - Canada East Coast
• Meeting length: 2 days
• Justification for in-person: It is a meeting where Strategic or Creative Collaboration is Critical and High-Trust Relationship Building is Required. Significant Long-Term Impact is Expected with this meeting.
• Can the meeting be combined with other events? Yes, there is an opportunity to meet with other business partners.

Decision

• Decider(s): [Name, Role]
• Chosen option: Physical
• Chosen transport: Flight
• Reason and justification: The destination is only reachable by air. Due to timezone difference, a full day online meeting is not very practical. Relationship building in online meetings is less effective. The meeting is much more effective when held in person. Therefore the decision is made to fly.

Emissions & Offset

• Estimated CO₂ emissions (kg): 000
• Offset applied? [Yes / No] — Details: [...]

3 - Confidentiality

Content confidentiality

Every organisation manages information with different levels of confidentiality. Based on its confidentiality, different protection levels will be in place.

To identify the confidentiality of an asset, we use the following confidentiality ratings:

Safety measures

For each confidentiality rating, different safety measures apply.

Public information

Information that is public to everyone will be published in this handbook. The handbook is open to everyone in the world. This public handbook makes how Balean works open and transparent. Any procedures, processes or other information related to Balean can be treated as public if it cannot harm Balean, its team members or any of Balean’s partners or customers in any way. Keep in mind that information can be used for phishing attempts and social engineering hacks. Giving away too much information may be used for such attempts. If you are unsure if information can be public, treat it as internal instead and ask for internal guidance.

Examples of non-public information include: data about people or partner organisations, specific details inside of a process, policy or procedure that could potentially help to gain access to systems owned by Balean. Think about details like usernames, IP-addresses, server names, network details, internal URL’s, bank account details, etc.

Anyone can propose changes to public pages by opening a merge request or an issue in the corresponding project. Every handbook page has a link to edit the page. Every change request will be reviewed by a Balean team member before being published in the handbook. Every Balean team member can approve changes and merge changes to public pages.

Protected information

Protected information is still publicly visible in the handbook but has a more thorough process for reviewing. Information is protected when the information in question is strategic to Balean in general or if the information in question applies to processes or procedures related to team members of Balean. Examples are Balean’s values since it is strategic to Balean in general, or community code of conduct since it applies to team members of Balean.

Changes to pages that are rated as protected must be reviewed and merged by a designated team within Balean.

Internal information

Information is rated as internal when it would harm Balean in any way if people outside Balean would see it. Examples of internal information are for example meeting minutes of meetings, non-public roadmaps or business plans. Internal information should never be added to the handbook, since the handbook stores information in a public space.

If information is internal, then that information is typically stored in Balean’s Google Drive or in applications that are only accessible by Balean team members. Any new information must be treated as internal unless you are sure that it can be shared to the public.

Confidential information

Information should be treated as confidential when it can be used to identify single people, organisations, servers, systems or other. Information must also be treated as confidential when it can be used to harm Balean, individual people or other organisations. Information that is rated as confidential should only be visible to the people with whom it is explicitly shared and who should have access to that information to do their job. Access to confidential information must be tracked and reviewed regularly.

When information is confidential it should never be stored in a public space, like the Balean handbook. When stored in Google Drive, then it must be stored in a location where specific people have been giving access to. Confidential information stored in a folder that is shared with certain groups has the risk of being shared with more people than desired when people are being added to that group.

When confidential information is stored in other systems than Google Drive, then that system must be reviewed separately. Especially when systems contain personal data, it must be reviewed for GDPR compliance.

4 - Policy for using copyright material

Purpose

This policy establishes guidelines for the ethical and legal use of copyrighted materials within Balean Foundation and S&B Solutions and Consultancy (hereafter “the Organizations”). It ensures compliance with Dutch copyright laws, including the Dutch Copyright Act (Auteurswet), and protects the Organizations and their employees from legal risks.

This policy also addresses the Dutch regulation requiring organizations to pay a fixed fee to Stichting Reprorecht to cover copyright claims for reprographic reproductions. Both Organizations opt out of this regulation by signing the Declaration of Non-Use (see Section 11).

Below some example cases on why this policy is important and if the material may be used or not:

To understand what material is protected under copyright law and what isn’t, below a few typical examples of material that many people often think is without copyright:

• ❌ “If it’s online, it’s free to use.” → False. Most online content is copyrighted, and Dutch law does not automatically allow use without permission.
• ❌ “Giving credit avoids copyright issues.” → False. Attribution ≠ permission (unless under an open license).
• ❌ “Non-profit use is always allowed.” → False. Non-profit use does not guarantee fair use (Redelijk Gebruik) under Dutch law.
• ❌ “Internal use is always permitted.” → False. Even internal copying may require permission unless it qualifies as fair use.
• ❌ “We’re covered by Stichting Reprorecht.” → False. Both Organizations have opted out via the Declaration of Non-Use and are fully liable for unauthorized use.
• ❌ “Changing 10% makes it original.” → False. Substantial similarity can still infringe copyright.
• ❌ “Playing music at an event is fine if it’s not for profit.” → False. Public performance of music or video always requires prior consent from the copyright holder or a collecting society (e.g., BUMA/STEMRA).
• ❌ “Using my personal Spotify subscription to listen to music at the office is fine, since I already paid for it.” → False. Listening to music on Spotify or an online radio is meant for personal use. Playing this in an office space for your colleagues is not allowed under such licenses.

Using copyright material

Under circumstances, it is allowed to use copyrighted material in documents, presentations or other circumstances. Always consult the full policy for exact details but here are some general guidelines on what is allowed and how to use it.

1. If material falls under fair use then you can use the material. See the checklist below.
2. If you download a paper from a protected website, agreeing to terms of use, you may not share that document with others.
3. When using graphics from the internet, always use material with an open license. See open license examples. You can search in duckduckgo using open licenses. Always document the source and author or copyright owner.
4. Graphics or other material that we paid for and are intended for commercial use can be used freely.
5. Pay extra attention when using material/images in public content. Consult a manager/director when in doubt.
6. Check the list of prohibited uses

Fair Use (Redelijk Gebruik) Checklist

Before using copyrighted material under fair use, ask:

1. Is the use transformative (e.g., adding new meaning, analysis, or context)?
2. Is the amount used minimal and necessary for the purpose?
3. Does the use harm the market for the original work (e.g., replacing a purchase)?
4. Is the material factual (e.g., news, research) or creative (e.g., art, music)? Factual works are more likely to qualify.
5. Is the use non-commercial? Commercial use is less likely to qualify.
6. Is the use justified by the purpose (e.g., education, criticism, research)?

✅ If all answers favor fair use, proceed with caution and document the source and your reasoning. See attribution and documentation for more information. ❌ If unsure, consult a manager or director before use. See section 7

Check the fair use policy for more information

Internal Policy: Copyright Material Usage

Applicable to: Balean Foundation and S&B Solutions and Consultancy
Jurisdiction: Netherlands

1. Scope

This policy applies to all employees, contractors, interns, volunteers, and third parties acting on behalf of Balean Foundation or S&B Solutions and Consultancy who create, use, or distribute copyrighted materials in any form, including but not limited to:

• Text (documents, articles, books, reports)
• Images (photographs, illustrations, graphics, charts)
• Audio (music, podcasts, sound recordings)
• Video (films, animations, recordings)
• Software (applications, code, scripts)
• Other digital or physical content

2. Definitions

• Copyright: Legal protection granted to the creator of original works under the Dutch Copyright Act (Auteurswet), providing exclusive rights to use, distribute, and reproduce the work.
• Fair Use (Redelijk Gebruik): Limited exceptions under Dutch law (Articles 15-17 Auteurswet) that allow use of copyrighted material without permission for purposes such as quotation, education, research, or news reporting, provided it is proportional, justified, and does not harm the normal exploitation of the work.
• Stichting Reprorecht: The Dutch collective management organization (CMO) that administers reprographic reproduction rights and licenses for copying works (e.g., printing, scanning, digital sharing).
• Declaration of Non-Use: A legal declaration to opt out of the mandatory license agreement with Stichting Reprorecht, confirming that the Organizations do not make reprographic reproductions as defined in Article 16h of the Dutch Copyright Act and accept full liability for unauthorized use.
• Public Domain: Works not protected by copyright and free for public use.
• Open License: Permissive licenses (e.g., Creative Commons) that allow use under specific conditions.
• Reprographic Reproduction: Copying or reproducing works through analog or digital means (e.g., photocopying, scanning, printing, or sharing digital copies).

3. General Principles

3.1 Respect Dutch Copyright Laws

• Assume all third-party content is copyrighted unless proven otherwise.
• Do not use copyrighted material without permission unless it qualifies as fair use (Redelijk Gebruik) under Dutch law or is in the public domain.
• The Organizations do not participate in the Stichting Reprorecht license agreement. All copying or sharing of copyrighted material must comply with this policy or require explicit permission from the copyright holder.

3.2 Opt-Out from Stichting Reprorecht

• Both Organizations have signed the Declaration of Non-Use (see Section 11), meaning:
  • No reprographic reproductions (as defined in Article 16h of the Dutch Copyright Act) are made within the Organizations.
  • The Organizations do not have a license with Stichting Reprorecht for analog or digital copying.
  • The Organizations are fully liable for any claims by authors, publishers, or artists for unauthorized use of their works.

3.3 Obtain Proper Authorization

• Secure written permission (license, contract, or explicit consent) from the copyright owner for any use beyond fair use or public domain.
• Always include the valid source of the material and, in case of any license or agreement, refer to that license or agreement from where the material is being used.

3.4 Use Openly Licensed or Public Domain Materials

• Prioritize using materials explicitly labeled for reuse (e.g., Creative Commons, MIT License, or public domain).
• Verify the terms of open licenses and comply with attribution requirements.

4. Permitted Uses

4.1 Fair Use (Redelijk Gebruik under Dutch Law)

Under Articles 15-17 of the Dutch Copyright Act, limited use of copyrighted material may be permitted for:

• Quotation (e.g., citing short excerpts for criticism, review, or analysis).
• Education and Research (e.g., internal training, academic work).
• News Reporting (e.g., sharing current events with proper attribution).
• Parody or Satire (if transformative and not harmful to the original work).

Requirements for Fair Use in the Netherlands:

• Use only the necessary portion of the work (e.g., a few sentences from a book, a low-resolution image).
• Add proper attribution (title, author, source).
• Ensure the use is transformative (e.g., analysis, commentary) rather than a direct copy.
• Do not harm the commercial value of the original work.
• Non-commercial use is more likely to qualify.

⚠️ Important: Fair use in the Netherlands is narrower than in some other jurisdictions (e.g., the U.S.). When in doubt, consult a manager or director or obtain permission.

4.2 Licensed Content

• Use materials under open licenses (e.g., Creative Commons) as long as all license conditions (e.g., attribution, non-commercial use) are met.
• Example: CC BY (Attribution), CC BY-SA (Attribution + ShareAlike).

4.3 Public Domain

• Freely use works confirmed to be in the public domain (e.g., works with expired copyright, certain government publications).
• Verify the public domain status, especially for older works (copyright in the Netherlands typically lasts 70 years after the author’s death).

4.4 Internal Use

• Sharing copyrighted material internally (e.g., for meetings, training, or collaboration) may still require permission unless it qualifies as fair use.
• Example: Distributing a full article to a team for discussion likely requires permission. Using a short quote for analysis may qualify as fair use.

5. Prohibited Uses

The following actions are strictly prohibited without explicit permission:

• Unauthorized Copying: Reproducing or distributing copyrighted works (e.g., printing, scanning, sharing digital files) without permission or a valid fair use justification.
• Plagiarism: Presenting someone else’s work as your own, even with minor modifications.
• Commercial Exploitation: Using copyrighted material for commercial gain (e.g., in client deliverables, marketing materials) without proper licensing.
• Mass Distribution: Sharing copyrighted content externally (e.g., on websites, social media, or with partners) without permission.
• Circumventing DRM: Bypassing technical protections (e.g., passwords, encryption) on copyrighted content.
• Pirated Content: Using or sharing illegally obtained materials (e.g., unlicensed software, bootleg media).
• Public and internal Performance of Music or Video: Playing music or video in places or at events where multiple people are present without prior consent from the copyright holder or a relevant collecting society (e.g., BUMA/STEMRA for music).

6. Responsibilities

6.1 Employees, Contractors, and Volunteers

• Comply with this policy and Dutch copyright laws.
• Review the copyright compliance section in the employee handbook whenever you want to use third-party material and follow the policies, guidelines, and procedures outlined there.
• Seek approval from a manager or director for uncertain cases.
• Do not assume that internal or non-commercial use is always permitted.
• Report potential violations to a manager or director.

6.2 Managers and Directors

• Ensure team members are aware of this policy.
• Review and approve requests for copyrighted material use in projects.
• Avoid distributing copyrighted materials (e.g., articles, images) to teams without verifying permissions.
• Provide guidance on Dutch copyright issues and fair use (Redelijk Gebruik).

7. Procedures

7.1 Decision-Making and Permission

• Employees are empowered to make their own decisions about using copyrighted material, based on the guidelines in this policy.
• Obtain written permission directly from the copyright holder or a relevant collecting society (e.g., BUMA/STEMRA for music) if your use case:
  • Does not qualify as fair use (Redelijk Gebruik).
  • Involves high-risk scenarios (e.g., public performance, commercial use, or mass distribution).
• Consult a manager or director only if you are unsure whether permission is required or how to obtain it.

7.2 Attribution and Documentation

• For all uses of third-party material, document the following:
  • Source: Include the title, author, and origin (e.g., URL, publication).
  • Use Case: Briefly describe how and why the material is being used (e.g., “internal training presentation,” “blog post illustration”).
  • License or Agreement: If applicable, refer to the license or agreement under which the material is used (e.g., “CC BY 4.0,” “written permission from [Copyright Holder]”).
  • Example for an image: "Image: 'Wind Turbines at Sea' by [Photographer Name], Source: [URL], Use Case: Blog post header image, License: CC BY 4.0".
  • Example for text: "Excerpt from 'Ocean Sustainability Report' (2023) by [Author], Source: [Publisher URL], Use Case: Internal training slides, License: Fair use for educational purposes".

8. Consequences of Non-Compliance

Due to the Declaration of Non-Use, the Organizations do not have a license with Stichting Reprorecht. Therefore:

• Violations may result in:
  • Disciplinary action (up to termination of employment or contract).
  • Legal liability for the individual and/or the Organizations, including financial penalties or damages claimed by copyright holders.
  • Reputational harm to Balean Foundation and S&B Solutions and Consultancy.
• Individuals may be held personally liable for willful or negligent violations.

9. Reporting Violations

• Report suspected violations to a manager or director immediately.
• All reports will be investigated confidentially.
• No retaliation will be taken against good-faith reporters.

10. Review and Updates

• This policy will be reviewed periodically and updated as needed to reflect:
  • Changes in Dutch copyright law (e.g., Auteurswet amendments).
  • New jurisdictional requirements or organizational needs.
• Last updated: see bottom of page

11. Declaration of Non-Use (Stichting Reprorecht)

Both Balean Foundation and S&B Solutions and Consultancy have signed the following Declaration of Non-Use with Stichting Reprorecht:

Declaration of Non-Use
By issuing this “Declaration of Non-Use,” I hereby confirm, on behalf of the company I am legally authorized to represent, for the benefit of Stichting Reprorecht, with its registered office in Hoofddorp and its place of business at Polarisavenue 81 (2132 JH) in Hoofddorp:

• that no reprographic reproductions as referred to in Article 16h of the Copyright Act are made within the aforementioned company;
• that the aforementioned company chooses not to enter into a license agreement with Stichting Reprorecht for analog and digital commercial copying;
• that the aforementioned company is therefore fully liable with respect to any claims by or on behalf of authors, publishers, and visual artists or their successors in title in connection with the publication and reproduction of the repertoire represented by Stichting Reprorecht, whether or not originating from the internet, as described in the Terms of Use for Business Customers, for which the required prior authorization has not been obtained.

Implications for Employees:

• No automatic coverage: The Organizations do not pay the Stichting Reprorecht fee, so all copying must comply with this policy or require explicit permission.
• Full liability: The Organizations (and potentially individuals) are fully responsible for any unauthorized use of copyrighted material.
• No exceptions: Even internal or small-scale copying may require permission unless it qualifies as fair use.
• Music and Video: Playing music or video in public spaces or at events requires prior consent from the copyright holder or a relevant collecting society (e.g., BUMA/STEMRA for music). Stichting Reprorecht does not cover these uses.

Open License Examples

This document is customized for Balean Foundation and S&B Solutions and Consultancy under Dutch law. Always consult a manager or director for specific cases.