Enhancing whistleblower protection in Spain: Establishment of an independent reporting body

At a glance

• Spain have implemented the EU Whistleblowing Directive, creating the Independent Authority for Whistleblower Protection (Spanish A.A.I).
• The internal rules for the Spanish A.A.I have been set up through the implementation act.
• Once the Spanish A.A.I. begins operations, companies will have two months to designate and communicate the individual responsible for the reporting channel within the organisation.

In response to the EU Whistleblowing Directive, Spain enacted Law 2/2023 (Spanish Implementation Act), creating the Spanish A.A.I, an autonomous administrative body with full operational capacity and legal personality, independent of government influence.

The Spanish Government has published the internal working rules and financing sources for the Spanish A.A.I. Companies have two months from the start of the Spanish A.A.I's operations to designate the individual or body responsible for the internal reporting channel.

The Spanish A.A.I acts as an external reporting channel, complementing internal channels required for certain companies, and operates under specific regulations. Its core functions include:

• serving as the primary external reporting channel for secure and confidential violation reports;
• protecting whistleblowers through anonymity and anti-retaliation measures;
• providing mandatory reports on draft legislation and regulations within its scope;
• managing disciplinary proceedings and imposing sanctions; and
• promoting a culture of whistleblowing.

Additionally, any changes in the designated individual or collegiate body responsible for the internal reporting system must be notified to the Spanish A.A.I. within ten working days, along with the reasons for removal.

In summary, the Spanish A.A.I is crucial for maintaining ethical standards and protecting whistleblowers, operating independently to ensure a secure framework for whistleblower protection in Spain.