The Whistleblowing Directive and the Law 2/2023
Last February 21 BOE published the new Law 2/2023, which regulates the protection of people who report any regulatory infringement or corruption.
The main objectives of this Law are :
- =Promote a culture of information to prevent and detect future threats.
- =Provide appropriate protection to anyone who reports infractions.
- =Implement an anonymous and secure Whistleblower System in companies or organizations.
The Whistleblowing Directive
Directive 1937/2019, also known as Whistleblowing Directive, protects anyone who reports inappropriate behavior, irregularities or violations inside any organization or company. From December 1 2023, according to Law 2/2023, all organizations in Spain with more than 50 employees must implement a Whistleblower System that complies with the directive.
Consequences for not complying with Law 2/2023 are the following:
For individuals, the following penalties will be established:
- Minor infringements: Penalties between 1,001 € and 10,000€.
- Serious infringements: Penalties between 10,001€ and 30,000€.
- Very serious infringements: Penalties between 30,001€ and 300,000€.
For legal persons, the following penalties will be established:
- Minor infringements: Penalties up to 100,000 €.
- Serious infringements: Penalties between 100,001€ and 600,000€.
- Very serious infringements: Penalties between 600.001€ and 1.000,000€.
Requirements for the Whistleblowing System
Assignment of a Whistleblower Manager
A person or department must be assigned to receive and follow up on complaints. They also will communicate with the whistleblower or alerter and provide prompt responses. If you need legal advice, you can contact our Partners.
Safe and simple Whistleblower System
A Whistleblower System must be secure and easy to use by anyone and must maintain the confidentiality of the whistleblower or alerter and anyone mentioned in the complaint. It must prevent unauthorized access to reports and keep logs always secure.
Resolution within three months
The whistleblower or alerter must receive some feedback on the resolution of its complaint from the Whistleblowe Manager within a maximum period of 3 months from the date the complaint was made.
Why is this new Whistleblowing Directive necessary?
This Directive aims to fight corruption by offering protection to those who want to report misconduct or infringements, giving them the option to report completely anonymously.
Must any type of company comply with the Directive?
Yes, any company or organization in the European Union, both private and public, with more than 50 employees.
How can I be sure that I comply with the Directive?
You must implement a Whistleblower System in your company, secure and compliant with all the requirements established in the Directive, such as our Whistleblower System uwhistle.
