Since January 1st, Law 2/2023 on the Protection of Informants (Whistleblower Channel) has come into effect, implying changes in the structure of companies with more than 50 employees. This law aims to regulate complaint management and promote a culture of integrity in the workplace.
If you have not yet implemented this law in your company, we provide you with detailed information on its regulations so that you can comply with them and avoid possible sanctions.
What does the new Whistleblower Channel Law say?
The Whistleblower Channel Law came into effect on January 1, 2024, and applies to:
Private companies with a workforce of 50 employees or more
Companies not bound by this provision can create their internal information system, ensuring it meets the standards set by this regulation.
Private companies in the service, product, and financial markets sectors
As well as those involved in the prevention of money laundering or terrorism financing, transportation security, and environmental protection. They are regulated by their specific regulations, regardless of their workforce size.
Political parties, unions, and foundations
No matter how many employees they have, they must comply with this regulation if they handle or receive public funds.
Entities in the public sector
Municipalities with a population of less than 10,000 inhabitants have the option to share their internal information system.
This law establishes clear responsibilities for companies regarding the implementation and management of complaint channels in the workplace.
Key provisions and how to apply it
Confidentiality and Protection of the Whistleblower:
Companies must ensure the confidentiality of the information provided and refrain from retaliating against employees who make good faith reports.
Access and ease of use:
Companies are obligated to establish accessible and user-friendly complaint channels. This may include setting up hotlines, secure email boxes, website forms, etc. It is essential to effectively communicate the availability of these channels and the process for submitting a complaint to all employees.
Transparent and effective investigations:
When an issue is reported, it is crucial for companies to conduct thorough, transparent, and impartial investigations. Therefore, it is important to designate individuals responsible for conducting diligent and fair investigations. If any irregularity is confirmed, the company must take appropriate actions.
Sanctions for non-compliance
In Spain, different types of offenses have been established, classified as minor, serious, and very serious.
The fines imposed vary according to the severity of the offense and can reach up to €1,000,000. Additionally, in cases of very serious offenses, sanctions may include public reprimands, disqualification from receiving subsidies or other tax benefits for up to 4 years.
It is important to consider the statute of limitations, as these vary depending on the severity of the offense. Serious offenses are subject to a 3-year statute of limitations, while major offenses have a 2-year statute of limitations, and minor offenses have a 6-month statute of limitations.
