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Friday, May 1, 2026

Whistleblower protection law approved by Spain's Congress - Osborne Clarke

Regulatory and compliance

Legislation to protect those reporting legal breaches to combat corruption transposes the EU's Whistleblowing Directive

The Spanish legislation has a long tradition of contemplating and regulating the creation of reporting channels through which a private entity can be informed, even anonymously, of the commission of acts or conduct that may be contrary to general or sectoral regulations.

However, the obligation to set up such reporting systems has not, until now, been accompanied by a centralised and comprehensive regulation addressing whistleblower protection and establishing minimum standards for reporting channels.

Finally, despite a year's delay, Spain has approved the final text of the law, the main objective of which is to protect persons who, in an employment or professional context, detect serious or very serious criminal or administrative offences and report them through the mechanisms regulated therein.

The new Law 2/2023 on the protection of persons who report breaches of law and on combating corruption was published in the Official State Journal on 21 February, 2023 and enters into force on the 13 March. With the approval of this law, Directive (EU) 2019/1937 of 23 October 2019, known as the Whistleblowing Directive, is transposed into Spanish law.

Scope of application

In addition to protecting those who report breaches of EU law under the directive, the law also covers serious and very serious criminal and administrative offences...



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