Dejan Jasnic · Co-founder & Compliance Lead, Trusty · 20+ years anti-fraud & compliance · ACFE Swiss Chapter Board
Thanks to the new Law 2/2023, regulating the protection of persons who report regulatory infringements and the fight against corruption, Spain joins the list of countries taking significant measures to ensure the safety and protection of those brave individuals who decide to step forward.
Among the specific provisions of this law, the implementation of an internal reporting system stands out, which will enable individuals to report irregularities and guarantee their protection against retaliation. This system will be supervised by the Independent Authority for the Protection of Whistleblowers (A.A.I.).
Trusty provides a compliant whistleblowing system for companies with 50 or more employees, live in minutes.
Penalty regime
The law establishes a sanctioning regime differentiated by the seriousness of the infringements. Specifically, violations may be minor, serious or very serious. The amounts of the penalties vary, and can reach up to one million euros in the case of legal entities for very serious infringements.
On the other hand, a crucial aspect is the implementation and proper functioning of the whistleblowing channel. This channel is not only essential for public entities, but is also mandatory for companies, political parties, professional associations, among others.
The absence of an adequate channel or failure to fulfill its functions may result in severe penalties.
Companies and corporate social responsibility policy
For companies that have already adopted corporate social responsibility practices and have compliance programs in place, adapting to this new regulation will be more seamless. However, it is essential to review and, if necessary, adapt these programs to the new law. In this context, roles such as the Compliance Officer or the Data Protection Officer (DPO) become increasingly relevant, as they will be responsible for ensuring that the company fulfills its legal obligations.
Conclusion
Law 2/2023 represents a major step forward in the fight against corruption in Spain. With clear sanctions and defined procedures, whistleblower protection is more guaranteed than ever.
Related reading: Whistleblowing Investigations: Managers’ Duties and Limits and Importance of an Encrypted Whistleblowing Channel.
Frequently asked questions
Spain's law regulating the protection of persons who report regulatory infringements and the fight against corruption. It requires an internal reporting system that lets individuals report irregularities and protects them against retaliation, supervised by the Independent Authority for the Protection of Whistleblowers.
Public entities, companies, political parties and professional associations, among others. The absence of an adequate channel, or a failure to fulfill its functions, may result in severe penalties.
Infringements are graded minor, serious or very serious. The amounts vary by grade and can reach up to one million euros for legal entities in the case of very serious infringements.
Review their programs and, where necessary, adapt them to the new law. Roles such as the Compliance Officer and the Data Protection Officer become more relevant, as they are responsible for ensuring that the company fulfills its legal obligations.
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