The transposition of the Whistleblowing Directive in the Member States of the European Union has been a long and complicated process but its implementation is now a reality. The Whistleblowing Directive promises to change the way companies treat whistleblowers.
Chronology of the Whistleblowing Directive in Spain
The Whistleblowing Directive, adopted in 2019, came into force on December 17, 2021. Spain, however, carried out the transposition of the directive two years later, specifically on February 20, 2023, with the publication of the Law for the Protection of Whistleblowers or more commonly referred to as
whistleblower channel law
Essential aspects of the law
The law, whose full title is
Law 2/2023, Regulating the Protection of Persons Reporting Regulatory Violations and Fighting Corruption
has several new features.
Among these new developments is the creation of an
Independent Whistleblower Protection Authority
negotiations with labor representatives and a sanctioning regime and a specific sanctioning regime and a specific penalty regime for those who obstruct the whistleblower channel or retaliate against whistleblowers.
Penalties can reach up to 1 million euros for entities and 300,000 euros for individuals.
Obligations for companies
It is essential that organizations, particularly those with more than 50 employees, implement procedures in accordance with this standard.
within the established deadlines, which vary according to size and sector of activity.
The transposition of the Whistleblowing Directive in Spain has entailed a profound revision of the obligations and protections relating to whistleblowers in the business environment. However, companies must take note and act promptly to ensure compliance, with the role of the
and related programs.