On 21 February, Spain's Official State Journal, the BOE, published Law 2/2023, of 20 February, on the protection of persons who report regulatory breaches and to combat corruption, which will enter into effect on 13 March. The Whistleblower Law, (i) transposes into Spanish legislation Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (the Directive); and (ii) protects reporting persons, establishing minimum provisions that reporting channels must comply with.
Following the amendments made by the Spanish Senate, the most significant aspects of the new Whistleblower Law are set out below.
Persons protected by the Law and the measures established to protect whistleblowers
The aim of the new Law is to protect persons who, in a professional or work-related context, detect serious or very serious criminal or administrative offences and who report them by means of the mechanisms provided for in the Law.
It therefore defines the persons who will be protected from potential retaliation, as well as the measures aimed at ensuring that protection.
Specifically, it affords protection to all persons who have a professional or work-related relationship with public or private-sector entities. It also protects persons (i) whose professional relationship has come to an end, (ii) volunteers, (iii) trainees, (iv) who take part in selection processes and (v) who assist whistleblowers, such as...
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