The guarantee of indemnity in the light of Law 2/2023, regulatory of the protection of people who report regulatory violations and the fight against corruption

Abstract

Law 2/2023 introduces a series of protections and guarantees for workers who report certain breaches of Union Law. Although the regulation in question expands the rights of freedom of expression and information, favoring the detection of irregularities, it has excluded from its scope of application those communications about non-compliance that affect workers individually. This situation shows gaps in protection against retaliation that may occur. In relation to protected information, the regulations raise doubts regarding the classification of retaliation, making it convenient for nullity to operate. To report violations, Law 2/2023 introduces the possibility of resorting to internal or external information channels, as well as the possibility of making a public disclosure in certain cases. These channels of information can expand the methods by which the guarantee of indemnity is activated, as we will try to explain in this study, based on the regulatory analysis and the judicial experience existing to date.