In brief
The long-awaited Law 2/2023, of 20 February 2023, regulating the protection of persons who report regulatory infringements and the fight against corruption, was finally was published on 21 February 2023 and will enter into force on 13 March 2023 (the "Law"). The so-called "Whistleblowing Law", has transposed the 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 European Union ("EU") law. This Law imposes, to certain entities, the obligation to establish an internal reporting system (commonly referred to as a whistleblower channel) and its ultimate purpose is the full protection of the reporting person.
Obliged companies and bodies must comply with this obligation within the three months following its entry into force (i.e., by 13 June 2023), with the exception of municipalities with less than 10,000 inhabitants and legal entities with 249 employees or less, which have until 1 December 2023 to implement the internal whistleblowing channel. In case the company or body already has one of these mechanisms in place, it shall adapt it to the requirements of the Law by 13 September 2023, i.e. within the six months following its entry into force.
As can be deduced from the previous paragraph, this obligation applies to both the private and the public sector. In this article, we will focus on the main impacts of the Law on the public procurement and, in particular, on the...
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