Everything you need to know about Viadenuncia and Law 2/2023

Directiva whistleblower

1.- What is Law 2/2023?

Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption, is the law transposing EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of EU law into Spanish law.

Law 2/2023 makes it compulsory for all public administrations and companies with more than 50 employees to have internal reporting systems so that customers, suppliers, employees and/or related persons can report irregularities or proposals for improvements to the functioning of the organisation.

According to Law 2/2023, communications must be able to be made in person, in writing (by post or any electronic means) or verbally (by telephone or voice messaging system).

In addition, the Law establishes the obligation to allow anonymous communications through the internal information channel.

2.- Is Law 2/2023 in force?

Indeed, Law 2/2023 entered into force on 13 March 2023 and is now fully applicable.

However, the second transitional provision of the Law states that private sector legal entities with 249 employees or fewer, as well as municipalities with less than ten thousand inhabitants, have until 1 December 2023 to adapt to the new Law and comply with it.

3.- Therefore, is it mandatory to have an internal channel?

It is not mandatory for all companies, but it is mandatory for all public administrations, companies with more than 50 employees, as well as to be eligible for and manage the Next Generation European Funds.

4.- And what is the VIADENUNCIA internal channel?

The VIADENUNCIA internal channel is the means, in accordance with Law 2/2023  to report alleged irregular practices, internal breaches and unlawful activities within a private organization or public administration that have been carried out by any person who has a relationship with the organization (employees, managers, consumers, suppliers, etc.).

VIADENUNCIA has a specific procedure that guarantees the rights of all parties to the procedure, whether active or passive.

5.- What are the communication channels offered by the VIADENUNCIA internal channel?

VIADENUNCIA’s internal channel allows communications to be made by the means determined by Law 2/2023: telematic (via web form), e-mail, telephone call (which will be recorded), post and personal interview (by appointment).

VIADENUNCIA guarantees the confidentiality of the person informing, if so requested, and prevents any outsider from accessing the information that has been the subject of communication.

6.- Which facts can be communicated through the VIADENUNCIA internal channel?

In accordance with Law 2/2023, only facts that fall within the following areas are subject to reporting of infringements or complaints:

1 Public procurement,

2 Financial services, products and markets, and prevention of money laundering and terrorist financing,

3 Product safety and conformity,

4 Transport safety,

5 Environmental protection,

6 Radiation protection and nuclear safety,

7 Food and Feed Safety, Animal Health and Animal Welfare,

9 Consumer protection

10 Protection of privacy and personal data, and security of networks and information systems;

11 Infringements affecting the financial interests of the European Union;

12 Infringements relating to the internal market, infringements of the Union’s competition rules and aid granted by the States, as well as infringements relating to the internal market in connection with acts that infringe the corporate tax rules or practices whose purpose is to obtain a tax advantage that distorts the object or purpose of the applicable corporate tax legislation.

7.- Do I have to identify myself to make the communication?

In accordance with Law 2/2023, it is not necessary to identify yourself in order to make a communication. The VIADENUNCIA web form allows you to choose the option of making the communication anonymously, so that not even VIADENUNCIA professionals will know the identity of the person making the communication.

8.- Who will receive my communication in the internal channel?

Your communication will be received by the person responsible for the system, designated by the administrative body of the entity that owns the system or internal information channel. The communication will first be analysed by an independent person called the internal channel manager, who will carry out an initial analysis of the viability of the communication.

Anonymity and confidentiality are absolute during the investigation and according to the internal rules of each organization, so it is possible that the institution will be informed at the end of the investigation of the communication about the resolution adopted.

9.- Once my communication, when will I receive a response?

Within a maximum period of 7 days you will receive a notice of receipt, and within a maximum period of 90 days you will be notified of the resolution of the procedure, which may be a proposal for a sanction or a dismissal of the case.

If the reported facts constitute minor irregularities, the organisation or entity shall be informed so that it can solve the matter through its own internal means and/or through the improvement of its protocols.

If the reported facts constitute a serious irregularity, the system administrator shall initiate an investigation procedure and prepare a legal report in accordance with Law 2/2023.

10.- How can I implement an internal channel in my company?

Request information through the contact form that you will find by clicking here, or through the email and we will contact you to help you implement an internalchannel in your company.

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