The Spanish Government has approved a Bill to regulate the protection of people who report breaches of regulations and in the fight against corruption. The new law (i) transposes 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 into Spanish legislation (ii) protects whistleblowers, establishing de minimis provisions for reporting channels. This Bill, which was published in the Official Journal of Spanish Parliament (Boletín Oficial de las Cortes Generales) on 23 September 2022 and will enter into effect 20 days after it has been published in the Spanish Official State Journal after the parliamentary process has been completed.
Among other things, the Bill includes a number of provisions that will affect the protection of whistleblowers who report criminal offences or administrative infringements in an employment or professional context. These are set out below.
People protected by the Bill and measures for ptotecting whistleblowers
The aim of the Bill is to protect people who detect serious or very serious criminal offences or administrative infringements in an employment or professional context and who report them using the mechanisms established in the Bill.
Title I of the Bill, in relation to Title VII, establishes the people that would be afforded protection against potential retaliation as well as the measures that would be adopted to ensure that protection.
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