Which people are considered reporters, in accordance with Law 2/2023?

(Article 3)

Law 2/2023 considers reporters (the term the law chooses to refer to whistleblowers), people who work in the private or public sector who report violations of which they have become aware in a work or professional context. Also those who communicate or reveal information obtained within the framework of an employment or statutory relationship that has already ended, volunteers, interns, staff in training, as well as people whose employment relationship has not yet begun, when the information relating to the infringement has been obtained during the pre-contractual selection or negotiation process.

On the other hand, the measures to protect the reporting person must also be applied, where appropriate, to:

  • natural persons who, within the framework of the organization in which the reporter provides services, assist him in the process.
  • natural persons related to the informant and who may suffer reprisals (such as work colleagues or family members).
  • the legal persons for which the reporting person works, or maintains any other type of relationship in a work context or has a significant participation.

In order to have the right to protection, the people who communicate information provided for in article 2, must meet certain conditions. Specifically, they must have reasonable grounds to believe that the information is truthful and that the communication or disclosure has been made in accordance with the requirements of the Law.