On September 15th, after several months of waiting and an ultimatum from the European Commission, Directive 2019/1937 on the protection of persons who report breaches, which will allow whistleblowers to report cases of corruption and other crimes affecting the interests of the European Union (EU), was finally transposed into Spanish law.
This means that companies which meet the following requirements must set up a Whistleblowing Channel in 2023. The regulation states that the following entities will be affected:
- Legal persons with more than 50 workers.
- Political parties, trade unions, employers’ organisations and foundations, insofar as the latter receive or manage public funds.
The regulation also affects the public sector. The following must also have a whistleblowing channel:
- The Public Administrations.
- The Public Bodies and Entities.
- The independent Administrative Authorities and the Management Agencies and Common Services of the Social Security.
- The Public Law Corporations.
- The Public Sector Foundations.
- The Public Universities.
The Spanish entities must set up a whistleblowing channel before the end of the year since the penalties envisaged for not complying with the regulation range from €1,001 to €300,000 in the case of natural persons, and from €10,001 to €1,000,000 in the case of legal persons.
Setting up a whistleblowing channel
AGM has a software tool that meets all the requirements established by the regulation and can be easily installed.
Together with our software tool, we can also manage your Whistleblowing Channel exclusively and provide advice to your Compliance Body. We provide all of this at a highly competitive price.
Please contact AGM Abogados for help and for more information see AGM Abogados infographic.
Héctor Déniz Guedes