Self-Assessment · Compliance
Whistleblowing Channel Assessment
Does your company comply with the EU Whistleblowing Directive and Law 2/2023 on the protection of whistleblowers? 10 questions to verify whether your reporting system is compliant and what you need to correct.
Does your company have 50 or more employees? (If so, a whistleblowing channel is mandatory)
Have you implemented an internal whistleblowing channel?
Does the channel allow anonymous reports?
Have you formally designated a system manager?
Is there a documented report management protocol?
Do you guarantee the confidentiality of the whistleblower's identity?
Is the response time a maximum of 3 months from receipt?
Have you informed employees about the existence and use of the channel?
Is the channel also accessible to suppliers and external collaborators?
Do you keep a report register with the legally required retention periods?
Answer all questions to see your results
Compliance Level — Whistleblowing Channel
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Detailed Analysis
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Our legal team helps you design, implement or review your reporting system to ensure compliance with Law 2/2023 and protect your company from sanctions.
Law 2/2023: what every business needs to know
Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements, transposes the EU Whistleblowing Directive (EU 2019/1937) into Spanish law. It requires private-sector companies with 50 or more employees, and public-sector bodies, to implement an internal whistleblowing channel in accordance with the law's requirements.
The purpose of the law is to protect persons who report infringements of EU law or domestic law (corruption, tax fraud, money laundering, labour violations, environmental damage, etc.) from retaliation by their employer. Retaliatory measures are expressly prohibited and may result in additional sanctions.
Sanctions regime
Very serious infringements
- •Absence of a whistleblowing channel
- •Retaliation against the whistleblower
- •Breach of confidentiality
- •Obstruction of the investigation
Sanction amounts
- Legal entities: up to €1,000,000
- Individuals: up to €300,000
- Serious infringements: up to €600,000
- Minor infringements: up to €100,000
At BMC we offer a comprehensive whistleblowing channel implementation service including system design, management protocol drafting, responsible person training, GDPR integration and periodic compliance review. We also act as external system manager for companies that prefer to outsource the function.
Whistleblowing channel compliant with Law 2/2023
We implement or audit your whistleblowing channel. System design, management protocol, training and ongoing support. Avoid sanctions of up to €1,000,000.