The law implementing the EU Whistleblowing Directive (Directive 2019/1937) was finally published on 21 February and it is referred to as the Whsitlebloweing Act (Law 2/2023 of 20 February).

In this blog post we review the most relevant issues to be addressed by employers upon the enforcement of the Whistleblowing Act.

The Whistleblowing Act enters into force today, on 13 March 2023, but companies with at least 250 employees will not need to establish their internal information system (IIS) before 13 June 2023. Furthermore, as in some other member states, companies employing between 50 and 249 employees, will need to do so no later than 1 December 2023.

Pursuant to the EU Whistleblowing Directive, the Whistleblowing Act requires companies employing at least 50 employees to implement an IIS, including both an internal whistleblowing channel, as well as a person responsible for the system and the whistleblowing procedure. The IIS will enable individuals (this includes employees but also volunteers, interns, trainees, or candidates) to report breaches of European Union law or acts or omissions that could constitute criminal offences or otherwise serious or very serious administrative offences.

The Whistleblowing Act imposes the involvement of the employee representatives in the consultation period prior to the implementation the IIS. The latter will need to guarantee the confidentiality of whistleblowers as well as of all parties involved during a procedure.

Companies will...

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