Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption, has been approved.
The purpose of this Law is to make it possible for persons who, in an employment or professional context, detect serious or very serious criminal or administrative offences that may entail economic damages for the Public Treasury or Social Security, to report them using an information system, or "mailbox".
Companies or public and private entities must set up a system, channel or mailbox for complaints or information that meets certain requirements, including being easy to use and guaranteeing the confidentiality of the data and of the informant. It will also be essential to appoint a person responsible for the management of the information system, who may be internal or entrusted to an external third party, who will be considered to all intents and purposes to be in charge of the processing (RGPD).
The processing of personal data derived from the use of these reporting channels will have to comply with the regulations on Personal Data Protection, Regulation (EU) 2016/679, and LO 3/2018, of 5 December, while preserving the anonymity of the informant.
Who is obliged to have an Internal Reporting System in the private sector?
• Self-employed persons or legal entities with 50 or more employees. In the case of legal persons dedicated to financial services, products and merchants or money laundering, they will have to have this information system regardless of the number of workers they have, and it is regulated by their specific regulations.
• Political parties, trade unions, business organisations, and foundations created by them, provided that they receive or manage up to public funds.
• Voluntarily, legal entities with less than 50 employees.
• All public law entities are obliged to have an internal information system.
The purpose of the rule is to protect whistleblowers and in the specific case of employees who report such irregularities it is expressly prohibited:
• Dismissal, suspension of the contract, non-renewal or early termination of the contract.
• Imposition of disciplinary measures, denial of promotion or any other modification of working conditions, denial of training leave, intimidation, etc.
For further information, please contact
933 030 060 (Barcelona)
972 505 100 (Figueres)
972 940 940 (Girona)