Legal protection for people reporting wrongdoing and corruption

Automatic summary, not yet reviewed

1. The law protects people who report, in a work context, criminal or serious or very serious administrative offenses, as well as violations of European Union law. Good faith and a reasonable belief that the information is true are enough to be protected.
2. Companies with 50 or more employees and many public entities must set up an internal reporting channel. Political parties, unions and business organizations that receive public funds must have one too, regardless of size.
3. Reports can be made in writing, verbally or anonymously. The reporter's identity is kept confidential and can only be disclosed to the judiciary, the Public Prosecutor or the competent administrative authority.
4. Retaliation against the reporter is prohibited, including dismissal, intimidation or unfavorable treatment. Retaliatory acts taken within the following two years are null and void and may lead to compensation.
5. The Independent Whistleblower Protection Authority is created. It runs the external reporting channel, supports whistleblowers and punishes non-compliance. It is autonomous and independent from the Government.
6. Violations can be punished with fines: from €1,001 to €300,000 for individuals and up to €1,000,000 for legal entities in the most serious cases. Failing to have an internal channel is a very serious offense.
7. Obligated entities must set up the internal system within three months of the law taking effect; companies with 249 employees or fewer and municipalities under 10,000 residents have until December 1, 2023.
8. A person involved in an administrative offense who reports it before the proceedings start can be exempted from the penalty, or see it reduced, if they stop the conduct, cooperate and repair the damage.

Who it affects

• Workers and public employees: They can report offenses they learn about at work and are protected from retaliation.
• Companies with 50 or more employees: They must have an internal reporting channel.
• Public administrations and municipalities: All must have an internal reporting system, including small municipalities, which may share resources.
• Parties, unions and foundations receiving public funds: They must create an internal reporting channel regardless of size.
• People investigated after a report: They keep the presumption of innocence, the right to a defense and the confidentiality of their identity.

Words worth knowing

Represalia (retaliation)

Harm suffered for having reported something, such as dismissal, intimidation or unfavorable treatment.

Canal interno de información (internal reporting channel)

A mailbox or channel an organization sets up so its workers can report possible offenses.

Revelación pública (public disclosure)

Making an offense public, for example in the press or on social media, instead of using internal or external channels.

Potestad sancionadora (sanctioning power)

An authority's legal power to impose penalties.

A.A.I.

Autoridad Administrativa Independiente: an independent administrative authority, a public body autonomous from the Government.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries