Spain's Congress approves a law to protect whistleblowers

In 2016, the centrist party Ciudadanos proposed introducing protections for whistleblowers in Spain, sparking debates throughout the country on a subject that was new to many. After years of discussion about different proposals and - critically - the passage of a whistleblower protection Directive at EU level, Spain has moved a step closer to passing its first national whistleblower protection law.

The vote took place on 22 December with a result of 200 votes in favor, 142 against and 4 abstentions - a less convincing majority than might have been expected given the relevance of the matter and the requirements established by the Union.

Blueprint for Free Speech has published a document identifying the most urgent and worrying problems that remain in the draft proposed by the Spanish Government on 23 September 2022 (formally known as 121/000123 Draft Law regulating the protection of persons who report regulatory infringements and the fight against corruption). Our document describes each of the points that we and others think need to be changed in order to make real progress in the protection of whistleblowers in Spain, and recommends the amendments that can be adopted in order to solve them. This document was distributed to MEPs and decision-makers during the days of debate prior to the vote.

The paper begins by addressing the most critical issues: the criminal and civil liability of whistleblowers and the barriers to reporting through an array of channels. While there are other points we raise about the proposed draft, these two issues are of pre-eminent importance and greatly impact the utility of a law that has the potential to bring a long-awaited and much-needed change to Spain.

Nonetheless, Spain is on the verge of finally having a law to protect whistleblowers - a huge step forward. That the process has reached this point is thanks to years of work by a wide range of stakeholders from the public and private sector, but above all from organized civil society and whistleblowers themselves who have raised the call for this law loudly and consistently.

However, this is a journey that is not yet complete. This week’s vote represents a base on which to fight for improvements and settle on a text that, we trust, will bring guarantees to those who decide to call out acts against the public interest in Spain.