Thanks to the new Law 2/2023, regulating the protection of persons who report regulatory violations and the fight against corruption.Spain joins the list of countries taking significant steps to ensure the safety and protection of those brave enough to take the plunge.
Among the specific features of this law, it is worth mentioning the implementation of an internal
internal information system
that will allow individuals to report irregularities and guarantee their protection against reprisals. This system will be supervised by the
Independent Whistleblower Protection Authority (I.W.P.A.)
.
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 correct functioning of the whistleblower channel.
complaints channel
. This channel is not only essential for public entities, but it is also
mandatory for companies
,
political parties
,
professional associations
among others.
The lack of a proper channel or failure to perform its functions may result in severe penalties.
severe penalties
.
Companies and Corporate Social Responsibility Policy
For the
companies
that have already adopted corporate social responsibility practices and have compliance programs in placeIn addition, the adaptation to this new regulation will be smoother. However, it is essential to review and, if necessary, adapt these programs to the new law. In this context, figures such as the
Compliance Officer
or the
Data Protection Delegate (DPO)
become relevant, as they will be responsible for ensuring that the company complies with 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 Topics
- What is a
whistleblower
?
Obligatory nature of the Data Protection Delegate
.- Characteristics and
requirements of the complaint channel
.
Compliance: errors in the program
.
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