OBLIGATION TO IMPLEMENT AN INTERNAL WHISTLEBLOWING CHANNEL IN COMPANIES

On 13 March, Law 2/2023 of 20 February came into force in Spain. It regulates protection for whistleblowers and the fight against corruption and establishes the obligation for certain entities to implement or adapt their whistleblowing channels in accordance with the requirements stated in the law. Specifically, natural or legal persons with more than fifty employees, as well as companies without a registered office in Spain that carry out their activity through branches or agents or through the provision of services without a permanent establishment, are obliged to implement said channel.

However, this obligation becomes effective in stages, depending on the number of employees in the company. The deadline for companies with more than 250 employees to have this channel in place is June 13, 2023. On the other hand, the deadline for companies with less than 249 employees is December 1, 2023.

Failure to comply with this requirement may result in penalties ranging from Euro 100,000 to 1,000,000 for companies and Euro 1,001 to 300,000 for individuals.

In order to avoid penalties, it is important to check that the channels comply with the requirements established in the Law.