What are your requirements?
WHO IS OBLIGATED TO ESTABLISH IT?
Law 2/2023, of February 20, imposes this obligation on organizations:
PUBLIC AMBIT.
- State, regional and local administrations, as well as their dependent bodies or entities.
- Independent administrative authorities (Bank of Spain, Social Security, etc.).
- Public universities.
- Public Law Corporations. Public sector foundations.
- Commercial companies majority owned by any of the entities listed above.
- Constitutional bodies, of constitutional relevance or regional analogues.
PRIVATE SPHERE
- Individuals or legal entities that have hired 50 or more workers.
- Legal persons that fall within the scope of application of Community law in the field of services, products and financial markets, prevention of money laundering and financing of terrorism, transport safety or environmental protection. Political parties, unions, as well as business organizations and foundations created by them that receive public funds.
- It must have anonymous and/or nominative reporting mechanisms and make it possible to report criminal acts and bad practices within a public or private organization.
- Effectively guarantee the protection of whistleblowers and prevent them from being subject to reprisals.
- Enable a person, internal or external, as the person responsible for the complaints channel.
- Provide acknowledgment of receipt of the complaints filed, a maximum after seven days from receipt.
- Respond to the complaint within a maximum period of three months from the issuance of the acknowledgment of receipt.
Normally a whistleblowing channel is implemented through a computer application (app) with simple and friendly software.