Law making it compulsory to set up a whistleblowing channel in the company

The new Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption, has just been published in the Official State Gazette (BOE).

This law will enter into force on 13 March 2023 and will apply to whistleblowers working in the private or public sector who have obtained information on infringements in a work or professional context, including in any case.

• Persons having the status of public employees or employees.
• Self-employed persons.
• Shareholders, participants and persons belonging to the administrative, management or supervisory body of a company, including non-executive members;
• Any person working for or under the supervision and management of contractors, subcontractors and suppliers.
  

To this end, companies and entities should have an internal whistleblowing channel.

Who will be obliged to implement it?

The following entities are obliged to have a complaints channel or internal information system:

Natural or legal persons in the private sector with fifty or more employees.

Private companies engaged in the provision of services, the manufacture of products and financial operations, as well as the prevention of money laundering, the financing of terrorism, transport security and the preservation of the environment.

Political parties, trade unions, business associations and their foundations that manage or receive public funds. In the case of a group of companies, it will be the parent company that will approve a general policy regarding the internal information system and the defence of the informant, and will ensure the application of its principles in all the entities that comprise it.

Public sector entities, taking into account that, in those municipalities with a population of less than 10,000 inhabitants, may share the internal information system among themselves or with any other administration located within the same community. Those entities with their own legal personality that are related to bodies of the regional administrations and have less than 50 employees can also share the information system.

When should it be implemented?

The implementation of the system must be done by 13 June 2023, however, the date is extended to 1 December 2023 for private companies with less than 250 employees and municipalities with less than 10,000 inhabitants. Responsibility for the implementation of the system rests with the body in charge, after consultation with workers’ representatives.

If you have any doubts about this issue, please do not hesitate to contact us, by telephone to Carles Monfort Codina or by e-mail to cmc@btsasociados.com, we will be delighted to help you.