Overview of the Most Relevant Provisions of the Statute
More than a year after the approval and entry into force of Law 2/2023, of 20 February, governing individuals who report regulatory breaches and combat corruption (hereinafter, “Law 2/2023”), Royal Decree 1101/2024, of 29 October, approving the Statute of the Independent Authority for Whistleblower Protection (hereinafter, “A.A.I.”), entered into force on 31 October 2024.
Pursuant to the Statute, the A.A.I. is established as a Public Law entity attached to the Ministry of the Presidency, Justice, and Relations with Parliament, possessing its own legal personality, and enjoying autonomy and organic and functional independence from the Government and other public administrations.
Functions of the A.A.I.
The A.A.I. is entrusted with the following functions:
(i) Processing reports and communications received through the external reporting channel.
(ii) Implementing protective and supportive measures for whistleblowers.
(iii) Issuing mandatory reports on draft laws and regulations affecting the A.A.I.’s area of competence.
(iv) Initiating, conducting, and resolving sanctioning procedures, and imposing penalties as provided under Law 2/2023.
(v) Preparing circulars and recommendations establishing guidelines and best practices for the A.A.I.’s proper functioning.
(vi) Collaborating with equivalent national, regional, European, and international bodies.
The Statute explicitly excludes the A.A.I. from exercising functions reserved for judges, courts, the Public Prosecutor’s Office, or the Judicial Police. Furthermore, the A.A.I. is not authorised to investigate matters already subject to judicial or prosecutorial investigation.
Accordingly, where the A.A.I. becomes aware that judicial authorities or the Public Prosecutor’s Office have initiated proceedings concerning the same facts under its review, it must suspend its proceedings, except for those aimed at whistleblower protection and providing relevant information and support to the competent authorities.
Internal Structure of the A.A.I.
The A.A.I. is structured around two principal bodies:
(i) The Presidency, as the highest representative authority. (ii) The Whistleblower Protection Advisory Commission.
Additionally, it is complemented by three further bodies:
- The Whistleblower Protection Department, responsible for implementing protective and supportive measures and managing the external reporting channel.
- The Monitoring and Sanctions Department, in charge of conducting investigations and handling sanctioning procedures.
- The Management Office, overseeing human resources, financial and economic administration, information systems, electronic resources, and managing the internal reporting channel.
Entry into Operation
Despite the Statute’s approval, the A.A.I. will not commence operations until a specific start date is determined by order of the Minister of the Presidency, Justice, and Relations with Parliament. As of today, no such date has been announced.
Consequently, entities subject to Law 2/2023 must remain attentive to the A.A.I.’s commencement, as the Statute’s transitional provision requires them to notify the A.A.I. of both the appointment and removal of individuals responsible for their internal reporting systems within two months of its operational launch, in compliance with Article 8.3 of Law 2/2023.
