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Thursday, May 7, 2026

New Spanish legislation to protect whistle-blowers and combat ... - Lexology

Introduction
What is the purpose of the law?
What information may be subject to protection in the workplace?
Which employees are protected by this law?
When does protection take place?
What does protection consist of?
In addition to protection against retaliation, what are the support measures?
What are the implications of the law for companies?

Introduction

Law 2/2023,(1) published in the Official State Gazette on 21 February 2023, protects people who report breaches of the law and combats corruption. This law entered into force on 21 March 2023.

With the approval of this law, the EU Whistle-blowing Directive is transposed into Spanish law. This article is the first of a two-part series that answers key questions about the new legislation and its mechanics. This instalment covers the purpose of the law, what protection takes place and what the implications are for employers, among other things.

What is the purpose of the law?

The purpose of the law is to protect citizens who report serious or very serious criminal or administrative offences against reprisals they may face by way of their employment or professional relationship.

What information may be subject to protection in the workplace?

Protection is now provided for reports of breaches or omissions that may constitute a serious or very serious criminal or administrative offense. The law also expressly refers to employment law, occupational health and safety, and social security breaches.

Which employees are protected...



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