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We inform you that today, April 10, is the deadline to formally communicate to the Independent Authority for the Protection of the Informant, AIPI, the identity of the person designated as Head of the Information System of the reporting channel.

The AIPI has the official form to communicate the appointment available on its electronic headquarters, as well as the resources necessary to correctly make the notification.

A natural person, a collegiate body or a third party to whom this task has been delegated may be appointed responsible for the complaints channel , provided that they carry out their functions independently and autonomously with respect to the rest of the organization's bodies.

According to the law, this figure is responsible for managing the complaints channel, from the preparation and approval of the procedure to the reception, processing and, where appropriate, monitoring the investigation of the reported facts. In addition, he must be mentioned in the regulations of the complaints channel, although he does not need to be identified by name, in the event that he is a single person.

It is particularly important to remember that both the appointment and the termination of the designated individual, as well as the members of the collegiate body, must be notified to the AIPI within a period of 10 working days. In the case of termination, the reasons for this must be specified.

The complaints channel administrator is responsible for:

• Approve the complaints channel procedure.
• Receive complaints.
• Assess the complaints and determine whether they should be archived (dismissed) or, on the contrary, processed and an internal investigation process opened, creating an investigation file.
• Monitor the complaint investigation process.
• Communicate with complainants and victims and inform them of the progress of the process within the deadlines established by law.
• Ensure that complaints and their resolutions are duly registered and archived.
• Communicate the resolution of the investigations to the parties and corresponding departments.

What is the reporting channel?

We remind you that the main function of the whistleblowing channel is to promote transparency and fight corruption. Offering a secure and confidential mechanism through which employees, collaborators and third parties can report possible legal violations, unethical behavior or internal breaches within the company.

In the Spanish legal framework, Law 2/2023, of February 20, regulates the obligation to implement internal reporting channels, in transposition of EU Directive 2019/1937.

This regulation is mandatory from December 1, 2023 for all companies with 50 or more employees, also for those operating in regulated sectors, such as finance, and for public entities.

Organizations can opt for different reporting channel formats; it is essential that the channel is accessible, confidential and managed by impartial personnel.

Failure to comply with this legal obligation can result in financial penalties, which can be up to one million euros in serious cases, in addition to reputational damage and the risk of losing public contracts. There may also be legal consequences if internal violations are not addressed.

If you need more information, do not hesitate to contact DATA AND SERVICES.