Learn about the objectives and rationale of the Whistleblower Protection Act

Currently, confidential information is the most precious treasure of all kinds of companies and institutions; and the darker side of this intricacy of data is reflected in the rise in corruption cases that are taking place at all levels. Thanks to the Informant Protection Law, the game is being changed in the fight against corruption and other illegal practices.

Do you want to know more about this legislative novelty? Keep reading!

What is Law 2/2023 or, better known, as the Informant Protection Law?

The Informant Protection Law is a legal regulation that seeks to safeguard people who report illegal, fraudulent or dangerous activities within public or private organizations. This law provides whistleblowers protection against retaliation and guarantees the confidentiality of their identity. The purpose is to encourage disclosure of information important to the public interest and transparency, while protecting those who make the courageous decision to report wrongdoing.

When did the Informant Protection Law come into effect?

On Tuesday, February 21, 2023, the Informant Protection Law entered the Official State Gazette (BOE). The main purpose of this law is to protect whistleblowers and reporters of offenses related to corruption. With it, Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019, better known as the Whistleblowing Directive, is transposed.

Compulsory requirements and fundamental points established by the Informant Protection Law

The fundamental points that make up this law contribute to establishing an environment in which whistleblowers can report irregularities without fear of reprisals and with the certainty that their contribution will be valued for the sake of transparency and justice.

Next, we explain in detail what the principles of this law are:

• Confidentiality: The whistleblower’s identity is kept secret, protecting him from retaliation.
• Protection against retaliation: Said law prohibits any form of retaliation or discrimination against the whistleblower for making a report.
• Reporting in good faith : Protection is granted to those who make reports in good faith, that is, with truthful and credible information.
• Secure reporting channel: this regulation establishes secure mechanisms so that whistleblowers can make their complaints confidentially.
• Legal immunity: In some cases, whistleblowers may receive legal immunity in relation to the information they provide.
• Right to Appeal: If the whistleblower faces retaliation, the law can provide legal avenues to seek redress and justice.
• Application of sanctions: the law contemplates sanctions for those who try to intimidate, harass or harm the informant in any way.
• Protection in the workplace: the dismissal or unfavourable treatment of the whistleblower is avoided in his workplace due to the complaint.
• Public interest: this law seeks to protect the disclosure of information that benefits the public interest, such as fraud, corruption and dangers to public safety.
• Legal Process Confidentiality: If the informant becomes involved in legal proceedings, their identity is kept confidential to the extent possible.

Did you know that the role of compliance is essential to execute the Informant Protection Law?

As you know, the term compliance refers to the normative or regulatory compliance of an organization. Thus, in the context of the Informant Protection Law, its main function consists of the implementation of said law throughout the process.

Compliance is crucial to ensure that the most effective and appropriate processes are established and maintained that promote the reporting of wrongdoing while protecting whistleblowers.

What are the main functions of compliance in relation to the Informant Protection Law?

To give you a more detailed idea of ​​the role of compliance in everything related to whistleblower protection, here we explain some of its main functions:

• Establishment of procedures: the compliance professional is in charge of establishing clear and accessible procedures so that whistleblowers can submit their complaints in a confidential and secure manner. This implies designing effective reporting channels and ensuring that whistleblowers feel protected against possible reprisals.
• Education and Awareness: Compliance has a responsibility to educate employees and senior management about the rights and protections afforded to whistleblowers under the law. This ensures that everyone involved in the organization understands the importance of whistleblowing and the value of maintaining confidentiality.
• Investigation and Resolution: In collaboration with the legal and human resources teams, the compliance professional may participate in the investigation of complaints filed by whistleblowers. This involves ensuring that full and impartial investigations are carried out, and that appropriate action is taken to address any identified wrongdoing.
• Monitoring and Reporting: the compliance officer has the responsibility of monitoring the organization’s ongoing compliance with the whistleblower protection law. This may include generating periodic reports for senior management and regulatory bodies, highlighting complaints received, investigations conducted, and actions taken.
• Retaliation Prevention: The compliance professional also plays a key role in preventing retaliation against whistleblowers. This involves establishing mechanisms to identify and address any attempted retaliation by the organization or other employees.

We hope you found this post about the recent Informant Protection Law interesting, as it may be closely related to the business world. If you want to know more about legal news and stay up to date on the most important news in the business sector, be sure to read us!