WHISTLEBLOWER CHANNEL

What is it?

Law 2/2023 of 20 February on the protection of persons who report regulatory infringements and collaborate in the fight against corruption, provides a protection mechanism for persons who report facts or situations that could constitute breaches of European Union law, or that could constitute a serious or very serious criminal or administrative offence, by guaranteeing both the confidentiality and the anonymity of such persons.

Who is it intended for?

Persons working in the private or public sector who have obtained information about infringements of European Union law or which could constitute a serious or very serious criminal or administrative offence.

Public sector workers who have obtained information on infringements committed by the Regulatory Council of the Cava Protected Designation of Origin in an occupational or professional context.

This may also apply to those who publicly communicate or disclose information about infringements obtained within the framework of an employment relationship that has already ended, volunteers, trainees, workers in training periods, regardless of whether or not they receive remuneration, as well as those whose employment relationship has not yet begun, in cases where the information on infringements has been obtained in the course of the recruitment or negotiation process, or during the selection process or pre-contractual negotiation.

What situations can be reported?

The aforementioned Law 2/2023, of 20 February, protects persons who report on the following situations:

(a) Any actions or omissions that may constitute infringements of European Union Law, provided that:

1. They fall within the scope of application of the European Union acts listed in the Annex to the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, irrespective of their qualification under national law;
2. They affect the financial interests of the European Union, as referred to in Article 325 of the Treaty on the Functioning of the European Union (TFEU); or
3. They affect the internal market, as referred to in Article 26(2) TFEU, including breaches of European Union rules on competition and aid granted by Member States, as well as infringements relating to the internal market in relation to acts in breach of corporation tax rules or practices intended to confer a tax advantage that distorts the object or purpose of the legislation applicable to corporate taxation.

(b) Actions or omissions that could constitute a criminal or serious or very serious administrative offence. In any event, all those serious or very serious criminal or administrative offences which involve financial loss for the Public Treasury and for the Social Security shall be understood to be included.

Guarantees for the informant

The informant shall be entitled at all times to confidentiality and anonymity, under the terms set out in the Law, even if the information is transmitted using channels other than those established, or to personnel other than those responsible for their management or processing, who must immediately inform the Data Controller. The identity of the informant, when he/she is not anonymous, may only be known in a strict and necessary manner by the personnel in charge of its processing.

The possibility of maintaining communication with the informant and, where appropriate, of requesting additional information from the informant, is established without prejudice to the informant's right to remain anonymous, and ensuring the confidentiality of the information at all times.

Pursuant to the provisions of Article 9.2 d) of the same Law, a maximum time limit of three months is established for responding to the investigative actions, counting from the receipt of the communication or, if no acknowledgement of receipt has been sent to the informant, three months from the expiry of the seven-day period after the communication was made, except in cases of particular complexity requiring an extension of the time limit, in which case this may be extended by a maximum of three additional months.

Internal reporting channel

Using the form below, you can send information about the committing of any of the offences referred to within the objective scope of the aforementioned Law 2/2023, of 20 February, as listed in the section "Which incidents can be reported?".

The communication must include clear and verifiable information which can be confirmed directly or by investigation. It should include specific details such as facts, dates, places, people and organisations involved, and provide, where available, documents to support the evidence, or at least the relevant indications. It is also recommended to mention persons who can assist in confirming the facts. Reports which are vague, general or lacking the necessary elements will not be considered for investigation.

*Obligatory fields

Legal Information