Good practices in Europe

1. 1
Law 2/2023, of February 20,
23, regulating the protection
of persons who report
regulatory violations and the
fight against corruption.

2. • Promotes better enforcement of
Union law and policy
• Protects whistleblowers who
report corruption, fraud or
violations of law
• Creates protected channels of
communications and prohibits
reprisals against whistleblowers
Directive
(UE)
2019/1937
2

3. • Fulfills anti-corruption objectives
• Covers both the private and the public sector.
• Creates a homogeneous general rule outside the
already existing regional and sectorial regulations.
• Its scope of application extends not only to
breaches of the EUD but also of national law.
• Includes crimes, serious or very serious offenses or
violations of the general interest.
• Homogeneous standard
• It is made up of 68 articles, distributed in 9 titles,
in addition to 6 DA, 3 DT and 12DF.
Bullets
3

4. • Internal: preferred system
• Anonymous complaints are allowed
• The adoption of information channels by
all municipalities is opted for, allowing for
shared management.
• The service can be outsourced to a third
party
• External: Independent Authority for
Whistleblower Protection
Types
of
information
systems
4

5. • Obligation to provide clear and
accessible information on channels of
communication
• Duty to have a record of
communications
• Public disclosure by the whistleblower
precludes protection, subject to
exceptions
Communications
5

6. • Provision of conditions for protection
and exclusions
• Prohibition and nullity of reprisals - non-
exhaustive list
• Support and protection measures for
both the whistleblower and persons
under investigation
• Cases of exclusion or mitigation of
sanctions
Protection
6

7. Nature: independent administrative
authority
Functions: management of the external
complaints channel and consultative body for
the government.
Powers: sanctioning and regulatory
(circulars, guidelines and recommendations).
Organisation: Presidency and Advisory
Committee for the Protection of
Whistleblowers.
Scope of action: national and, where
appropriate, autonomous community level
Organic Statute: subsequent regulatory
development
Authority
7