Whistleblower Protection

Law 2/2023 establishes a set of measures aimed at protecting people who communicate information about certain infractions obtained in a work or professional context.

The purpose of these measures is to ensure that those who report facts that may affect the public interest can do so safely and without fear of retaliation.

In general, the protection measures provided for in Law 2/2023 may be accessed by those who:

• You have obtained the information in a work or professional context.
• Please have reasonable grounds to believe that the information communicated is true at the time of communication.
• Report facts that fall within the scope of application of the Law.
• Use any of the channels or communication mechanisms provided by law.

The protection may also be extended to those who have initially made an anonymous communication and are subsequently identified, as well as to those who communicate information to institutions, bodies or agencies of the European Union in the cases provided by law.

Article 35 of Law 2/2023 specifically details these requirements.

• Information contained in communications that have been inadmissible by another information system (including the external channel of the AIPI).
• Information related to claims about interpersonal conflicts or that affect only the informant and the people to whom the communication or disclosure refers.
• Information that is already completely available to the public or that constitutes mere rumours.
• Information that refers to actions or omissions not included in the Article 2 of the Law.