Post by account_disabled on Jan 18, 2024 4:15:31 GMT -5
On March 13, 2023, Law 2/2023 came into force, regulating the protection of people who report regulatory infractions and the fight against corruption. This Law was born with the purpose of incorporating into our internal regulations the content of Directive (EU) 2019/1937 of the European Parliament and of the Council, of October 23, 2019, regarding the protection of people who report violations of the Law. of the Union.
Its main objective is to protect those people who report violations of the legal sys Whatsapp Number List tem within the framework of a professional relationship[1]. Unlike the European legislator , who chose to refer to such people as “whistleblowers”[2 ] , our legislator has chosen to call them “whistleblowers”. In this sense, Law 2/2023 uses the terms “information” or “communications” to refer to what have traditionally been called “internal complaints.”
In its second title, Law 2/2023 establishes the regulatory regime applicable to internal information systems , which must integrate the different internal information channels (complaint channels) existing in the company. Article 7 of the same law regulates these internal information channels. Among the requirements that information systems must meet, it is contemplated in article 5.2 i) of Law 2/2023 that they must “have a procedure for managing the information received .” The requirements and minimum content of these management procedures are contemplated in article 9 of the aforementioned standard. Among them, it is established in article 9.2 j) that the procedures for managing information received through internal information channels will have to contemplate the “ referral of the information to the Public Prosecutor's Office immediately when the facts could be indicatively constitutive of a crime. In the event that the events affect the financial interests of the European Union, it will be referred to the European Public Prosecutor's Office." Furthermore, failure to comply with said duty would seem to fit within the minor infractions established in article 63.3 c), whose sanction can reach up to one hundred thousand euros.
Its main objective is to protect those people who report violations of the legal sys Whatsapp Number List tem within the framework of a professional relationship[1]. Unlike the European legislator , who chose to refer to such people as “whistleblowers”[2 ] , our legislator has chosen to call them “whistleblowers”. In this sense, Law 2/2023 uses the terms “information” or “communications” to refer to what have traditionally been called “internal complaints.”
In its second title, Law 2/2023 establishes the regulatory regime applicable to internal information systems , which must integrate the different internal information channels (complaint channels) existing in the company. Article 7 of the same law regulates these internal information channels. Among the requirements that information systems must meet, it is contemplated in article 5.2 i) of Law 2/2023 that they must “have a procedure for managing the information received .” The requirements and minimum content of these management procedures are contemplated in article 9 of the aforementioned standard. Among them, it is established in article 9.2 j) that the procedures for managing information received through internal information channels will have to contemplate the “ referral of the information to the Public Prosecutor's Office immediately when the facts could be indicatively constitutive of a crime. In the event that the events affect the financial interests of the European Union, it will be referred to the European Public Prosecutor's Office." Furthermore, failure to comply with said duty would seem to fit within the minor infractions established in article 63.3 c), whose sanction can reach up to one hundred thousand euros.