SPAIN Trends and Developments Contributed by: Gabriel Rodriguez-Ramos, RODRIGUEZ RAMOS ABOGADOS
individuals who report regulatory violations and the fight against corruption, investigat - ing activities related to both the public and private sector). • Internal investigations and guaranties of the affected person (ie, presumption of inno - cence, access to files, right to be heard. The Labour Chamber of the Supreme Court has recently settled, on 18 November 2024, that from the date of the sentence, no disciplinary dismissal would cause legal effects if the employee affected has not had the oppor - tunity to be heard about the cause of the dismissal). • Internal investigations and guarantees of the whistle-blower: (a) against retaliation (Prohibition, Article 36 Law 2/2023), including: (i) suspension, dismissal, or termination of the employment contract; (ii) damages, including reputational damages, or economic losses, co - ercion, intimidation, harassment, or ostracism; (iii) negative evaluations or references regarding work or professional per - formance; (iv) inclusion on blacklists or dissemi - nation of information in a specific sector that can affect the access to employment or the contracting of works or services; (v) denial or cancellation of a licence or permit; (vi) denial of training; and (vii) discrimination or unjust treatment; (b) Including supportive measures (Article 37 Law 2/2023), such as:
(i) comprehensive and independent information and advice, easily ac - cessible to the public and free of charge, regarding the procedures and resources available, protection against retaliation, and the rights of the affected person; (ii) effective assistance from compe - tent authorities before any relevant authority involved in their protection against retaliation; (iii) legal assistance in criminal proceed - ings and in cross-border civil pro - ceedings in accordance with com - munity regulations; and (iv) financial and psychological support, exceptionally, if so decided by the Independent Whistle-Blower Protec - tion Authority (AAI) after assessing the circumstances arising from the submission of the communication; and (c) possible administrative fines (ranging from EUR100,000 to EUR1 million) linked to infringements of the dispositions of Law 2/2023. SMEs are, in a progressive way and relative to their resources, discovering the importance of the corporate compliance culture, including the risk of bribery and corruption, and its benefits. These companies must continue maturing their internal compliance systems, remaining atten - tive also to their whistle-blower channels, and, during internal investigations, to the guarantees of the affected person and the rights of the whis - tle-blower.
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