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Legal briefing

The law on the protection of persons who report regulatory infringements and the fight against corruption

24/02/2023

In this Legal Briefing, we analyse the most relevant new features of the Law and answer the following questions: Who does the legislation protect? What information can be communicated? Who must implement these measures? What is the Independent Authority for Whistleblower Protection? What is the sanctioning regime?

On 21 February, Law 2/2023, of 20 February, on the protection of persons who report regulatory infringements and the fight against corruption, which transposes Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 (the “Law”), was published in the Official State Gazette (BOE). It will enter into force on 13 March 2023.

The primary objective of the Law is to provide adequate protection to natural persons who report certain offences when they show “courageous conduct of clear public utility”, in the words of the Explanatory Memorandum of the text. It is the first national legislation specifically dedicated to this is sue and supplements and expands upon other texts at regional level that have already been approved.

The entire content of the Legal Briefing can be found in the PDF.

Related tags

Corruption