Organizations must specify who their independent hotline is in Spain. These individuals must be well trained. The new central whistleblower authority can also impose hefty fines for non-compliance.
On Sept. 1, 2025, Spain launched its new independent whistleblower authority, the Autoridad Independiente de Protección del Informante (AIPI). So, whereas in Spain in recent years it was mainly regional authorities that were designated as external reporting channels and supervisors, there is now also a central authority to which whistleblowers can turn with their reports. At least, at the time of writing, their website does not seem to be working flawlessly.
Organizations still have until Nov. 1 to indicate to this authority to which impartial person reports can be filed. This person must be adequately trained and prepared to assist the AIPI with investigations and audits.
This sounds like a good initiative, putting the Spanish at the forefront of whistleblowing in the European Union.
I do wonder what such a registry would look like in the Netherlands, and whether it would be made public.
It would be a lot more visible, though, if organizations have established an independent person to receive and follow up on reports. And supplier employees, former employees and job applicants can then also look up who they can contact to file a report.
In addition, the AIPI also protects detectors. To this end, sanctioning powers have been assigned.
Now the scope of the Spanish law to protect whistleblowers is somewhat more limited than the Dutch law, though. For example, there must be a violation of laws and regulations (including health and safety laws). Reports about failure to follow internal procedures are not considered whistleblower reports where the public interest is at stake. But the penalties for noncompliance in Spain are not amiss. For example, fines for individuals can be as high as EUR 300,000 and those for companies up to one million. In addition, the quality of the reporting procedure can help determine the size of the fine for an organization if something ever goes wrong.
This is, of course, a model that we hope the Dutch authorities will adopt. But there are also similarities with the Dutch situation.
Similarly, the AIPI offers reporters support. They also plan to offer brochures related to good practices and compliance. It seems that the Dutch House for Whistleblowers is well ahead of the Spanish authority in that regard. Finally, they are also going to develop models that the public sector can use to prevent crime.
Dutch companies with a local branch in Spain with more than 49 employees should take good note of this development. If you do not know who to appoint as a reporting agent in Spain, please contact us. We can offer that through our international network. And if you are not sure who at your organization can take on the role of independent coordinator, request a quote from us.
