The video of the day on the application of the Act on the Protection of Whistleblowers in the local administration is available
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On this day, the impact of this law on local administration was analysed, the new obligations entailed by the implementation of internal information systems in organizations were explained and the resources available to local bodies were shared. This law represents an important step forward in the protection of whistleblowers, in the fight against corruption and the promotion of a culture of integrity and transparency in public organizations.
The new law makes it mandatory for all public administrations, including local bodies, to create internal information systems, also known as alert channels, so that people can report possible violations in a safe way, guaranteeing the confidentiality of informants and allowing anonymity if desired. This is done to meet the goals of the law, which include protecting whistleblowers and promoting institutional integrity.
In addition, the law also regulates other aspects, such as the requirements that internal information systems must meet, the procedure for processing communications and the protection measures that can be offered to people who report or disclose violations. This includes the prohibition of retaliation, support in communication management, legal support in criminal proceedings and financial and psychological support if deemed necessary.
Interpretation of Law 2/2023 provided by the Antifraud Office of Catalonia
The terms determined by the Law are as follows for public sector entities (second transitional provision):
In general, it is necessary to implement the complaint channel and an internal information system or to adapt it to the provisions of the Law by June 13, 2023 at the latest,
In the case of municipalities with less than 10.000 inhabitants, the deadline is December 1, 2023. It is expected that they will be able to share the internal information system, either with entities of the same population range or with other public administrations of its autonomous community.
In the same sense of the joint venture, public sector entities with their own legal personality linked to or dependent on local administrations, and which have fewer than 50 employees, are also allowed to share the internal system of registration with the administration of affiliation information and resources for investigations and proceedings.
Likewise, the law provides for the creation of external information channels, which will be managed by organizations specialized in the fight against fraud. In the case of Catalonia, this task will be undertaken by the Antifraud Office of Catalonia.
Common solution proposal for the information system and alert channel
The Ethics Mailbox is the service provided by the AOC to entities that request it, in collaboration with the Network of Transparent Governments.
How to request the registration of the service and other considerations in this regard
To request registration, you will find the procedure in the EACAT procedures, in the provider Consorci AOC, Service CAOC – Request for services, in the Procedure "Request for registration and modification of AOC services" .
In the same way as in other services, you will have to fill in the PDF document of Request for registration and modification of the services of the AOC where you will have to select the Ethical Mailbox service.
Service Considerations:
The service is deployed in collaboration with the Transparent Governments Network.
Entities with integrity or anti-fraud plans that have already been drawn up and that need to incorporate the letterbox into the resources deployed to justify subsidies have priority in the activation of the Service's instances.
Law 2/2023 for the protection of whistleblowers
On February 20, 2023, the Spanish State approved Law 2/2023 for the protection of whistleblowers, which aims to guarantee adequate protection for those people who report irregularities or fraud in organizations, and at the same time foster the culture of information and systems of institutional integrity. This is the transposition of Directive (EU) 2019/1937, known as the Whistleblowing Directive, into national law.
