Spain

1. The present law shall apply to informants working in the private or public sector who have obtained information on infringements in a labor or professional context, comprising in any case:

(a) persons having the status of public employees or employees;

b) self-employed persons;

c) shareholders, participants and persons belonging to the administrative, management or supervisory body of a company, including non-executive members;

d) any person working for or under the supervision and direction of contractors, subcontractors and suppliers.

2. This law shall also apply to whistleblowers who communicate or publicly disclose information on violations obtained within the framework of an employment or statutory relationship already terminated, volunteers, trainees, trainees in training periods regardless of whether or not they receive remuneration, as well as to those whose employment relationship has not yet begun, in cases where the information on violations has been obtained during the selection process or pre-contractual negotiation.

All internal reporting channels will allow for the submission and subsequent processing of anonymous communications.

It can be reported indistinctly through both internal channels of the organizations and external channels of the authorities, with no public incentive to use one or the other. However, it does reflect, with respect to public disclosure, that a person who makes a public disclosure may be entitled to protection under this law if he/she has made the communication first through internal and external channels, or directly through external channels, without appropriate action having been taken within the prescribed period.

Regardless of the number of employees, all political parties, trade unions, business organizations, as well as the foundations that depend on them, provided that they receive public funds for their financing, are obliged to have an internal information system.With regard to the public sector, the law has extended the obligation to have an internal information system to its full extent. Consequently, public administrations, whether territorial or institutional, independent authorities or other bodies managing Social Security services, universities, companies and foundations belonging to the public sector, as well as public law corporations, must set up such a system.

While it is true that the Directive allows Member States to decide to exempt municipalities with less than 10,000 inhabitants from certain obligations, this law does not provide for such an exemption.However, this obligation is accompanied by certain clarifications in order to facilitate compliance by those municipalities whose population does not exceed ten thousand inhabitants.

The law allows these municipalities to share means for the reception of information with other Administrations exercising their competences in the same autonomous community. This possibility does not exempt each local administration from having a person responsible for its internal information system.

In any case, it should be emphasized that it is considered appropriate for each municipality to have its own internal information system, and hence the assistance that can be provided by other territorial administrations is highlighted.

Independent Authority for the Protection – Pending operation- (A.A.I: https://www.poderjudicial.es/cgpj/es/Temas/Canal-del-informante/Canal-externo-de-informacion-ante-la-Autoridad-Independiente-de-Proteccion-del-Informante/) of the Informant and autonomous authorities that have assumed the competences (such as Catalonia: https://www.antifrau.cat/es).

Once this preliminary analysis has been carried out, the Independent Authority for the Protection of the Informant, A.A.I., shall decide, within a period that may not exceed ten working days from the date of entry of the information in the register:

a) To reject the communication in any of the following cases:

1. When the facts reported lack all plausibility.

2. When the facts reported do not constitute an infringement of the legal system included in the scope of application of this law.

3. When the communication is manifestly unfounded or when, in the opinion of the Independent Authority for the Protection of Informants, A.A.I., there are reasonable indications that it was obtained through the commission of an offence. In the latter case, in addition to the inadmissibility, a detailed account of the facts deemed to constitute an offence shall be sent to the Public Prosecutor’s Office.

4. When the communication does not contain new and significant information on offences in comparison with a previous communication in respect of which the corresponding procedures have been completed, unless there are new factual or legal circumstances that justify a different follow-up. In such cases, the IPA shall notify the decision in a reasoned manner.

Yes.

Yes, The classification of the communication is foreseen in order to know its priority or not in its processing.

The Law provides for financial and psychological support, on an exceptional basis, if so decided by the Independent Authority for Whistleblower Protection, (A.A.I). following an assessment of the circumstances arising from the submission of the report.

The Act provides that persons who report or disclose breaches under Article 2 through the procedures provided for in this Act shall have access to the following support measures:

(a) Comprehensive and independent information and advice, which is easily accessible to the public and free of charge, on the procedures and remedies available, protection against retaliation and the rights of the person concerned.

(b) Effective assistance by competent authorities to any relevant authority involved in their protection against reprisals, including certification that they are eligible for protection under this Act.

(c) Legal assistance in criminal proceedings and in cross-border civil proceedings in accordance with Community law.

(a) hinder or attempt to hinder reporting: Individuals 30,001 to 300,000 euros for the commission of very serious infringements. Legal entities, between 600,001 and 1,000,000 euros.
(b) retaliate against reporting person:Individuals 30,001 to 300,000 euros for the commission of very serious infringements. Legal entities, between 600,001 and 1,000,000 euros.
(c) persons bringing vexatious proceedings against reporting person: Individuals 30,001 to 300,000 euros for the commission of very serious infringements. Legal entities, between 600,001 and 1,000,000 euros.
(d) breach the duty of maintaining the confidentiality of reporting persons:Individuals 30,001 to 300,000 euros for the commission of very serious infringements. Legal entities, between 600,001 and 1,000,000 euros. Furthermore, additional penalties are provided for breach of the duty of secrecy or false information or breach of the obligation to have an internal information system in the terms required by this law, as very serious penalties. A minor sanction includes the deliberate and incomplete submission of information by the person in charge of the system to the Authority, or outside the period granted for this purpose.

Individuals 30,001 to 300,000 euros for the commission of very serious infringements. Legal entities, between 600,001 and 1,000,000 euros.

In Spanish law, protection measures are not only aimed at informants. Those persons to whom the facts related in the communication refer must also be afforded special protection against the risk that the information, although apparently truthful, has been manipulated, is false or responds to motives that cannot be protected by law. These persons retain all their rights to judicial protection and defence, access to the case file, confidentiality and confidentiality of identity and the presumption of innocence; in short, the same rights as those enjoyed by the informant. In addition, a clemency programme is provided for in the event of the repetition of acts that are administrative offences.