///Law for the Protection of Whistleblowers and the Fight against Corruption: Obligations and Reporting Channels

Law 2/2023, of February 20, regulating the protection of people who report on regulatory violations and the fight against corruption, transposes Directive (EU) 2019/1937 of the European Parliament and of the Council, of October 23 of 2019, regarding the protection of persons who report violations of Union Law, making the “Complaints Channel” mandatory for all public sector entities, regardless of size, and for private sector entities that employ 50 or more workers; as well as political parties, unions, employer associations and foundations created by each other, as long as they receive or manage public funds.

Companies obliged to have a complaints channel that do not implement it are exposed to fines of between €600,001 and €1,000,000.

Our solution

Our service launches a powerful tool that is used to manage the channel where complaints and queries from informant users will be collected, as well as carry out their processing, all with access from the entity’s own website and with the guarantees of compliance with Law 2/2023, guaranteeing the security and confidentiality of the information at all times.

The channel is parameterized according to the needs of the organization where it is implemented, configuring its content and design.

Our tool allows the possibility of filing anonymous complaints, and the complainant can subsequently follow up on his complaint, respecting his anonymity at all times.

You can create different user roles, system manager, administrators, processors, to adapt to the structure of each organization.

Who is bound?

Obligated private sector entities: (art. 10) all companies that have 50 or more workers hired.

Political parties, unions, business organizations and their foundations are also required, regardless of the number of employees, provided they receive or manage public funds. Similarly, companies dedicated to services, products and financial markets, prevention of money laundering or financing of terrorism, transport safety and environmental protection.

In the public sector: (art. 10) all the entities that make up the public sector will be obliged to have an internal information system in the terms provided for in this law, understanding that the following are included in the public sector:

A. The General State Administration, the Administrations of the autonomous communities, cities with Statute of Autonomy and the entities that make up the Local Administration.
B. The public bodies and entities linked to or dependent on any public Administration, as well as those other associations and corporations in which Public Administrations and bodies participate.
C. The independent administrative authorities, the Bank of Spain and the managing entities and common services of Social Security.
D. Public universities.
E. Public law corporations.
F. Public sector foundations. For the purposes of this law, public sector foundations shall be understood to be those that meet any of the following requirements:

1. That they are initially constituted, with a majority contribution, direct or indirect, from one or several entities integrated into the public sector, or they receive said contribution after their constitution.
2nd That the assets of the foundation is made up of more than fifty percent of goods or rights contributed or transferred by subjects members of the public sector on a permanent basis.
3rd That the majority of voting rights in its board correspond to representatives of the public sector.

G. Commercial companies in whose share capital the participation, direct or indirect, of entities mentioned in letters a), b), c), d) and g) of this section is greater than fifty percent, or in the cases in which, without exceeding that percentage, it is found with respect to the aforementioned entities in the case provided for in article 5 of the consolidated text of the Securities Market Law, approved by Royal Legislative Decree 4/2015, of October 23.