Whistleblower Channel

Whistleblower Protection: Law 2/2023

Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019, on the protection of persons who report breaches of Union law, is a regulation that seeks to protect whistleblowers from irregularities within the European Union.

In Spain, this directive has been transposed through Law 2/2023, of February 20, regulating the protection of persons who report regulatory infringements and fight against corruption. This law establishes a whistleblower channel so that whistleblowers can report irregularities they have detected.

What is a whistleblower channel?

A whistleblower channel is a means through which employees, customers, suppliers, or other interested parties can report irregularities related to the company, such as corruption, fraud, workplace harassment, discrimination, or any other inappropriate conduct.

The objective of a whistleblower channel is to provide a secure and confidential mechanism for whistleblowers to report these irregularities without fear of retaliation.

WHISTLEBLOWER PROTECTION

Directive (EU) 2019/1937 establishes measures to protect whistleblowers from possible retaliation, such as dismissal, discrimination, or intimidation. In addition, the confidentiality of their identity is guaranteed, and any type of sanction or disciplinary measure against them is prohibited.

In Spain, Law 2/2023 also establishes similar protection measures for whistleblowers, as well as the obligation for companies to implement measures to prevent retaliation and guarantee the confidentiality of information received through the whistleblower channel.

OPERATION OF THE WHISTLEBLOWER CHANNEL

The whistleblower channel established by Law 2/2023 must be accessible, confidential, and effective.

Communications of information, complaints, doubts, queries, or alerts of possible risks of ethical and regulatory non-compliance (hereinafter also collectively referred to as “communications”) may be submitted, always acting in good faith, by accessing the following link.