Spain takes another step forward in support of whistleblowers: a body has been set up to oversee the protection of those who report irregularities
The Independent Whistleblower Protection Authority (AIPI) has marked a new milestone in the consolidation of the Spanish whistleblower protection system with the establishment of its Whistleblower Protection Advisory Committee. The body was established with the attendance of 11 of the 13 appointed members, alongside the president of the AIPI and the director of the Monitoring and Sanctions Department, who will act as the body’s secretary.
The AIPI, established by Law 2/2023 transposing Directive (EU) 2019/1937, was created with special technical autonomy to fulfil the European mandate to designate competent authorities in the field of whistleblower protection. Its institutional structure is based on two main bodies: the Presidency, with the status of an Under-Secretariat and appointed by Royal Decree, and this very Advisory Committee, a collegiate advisory body responsible for issuing non-binding reports on matters referred to it by the Presidency and for making proposals on matters within its remit.
It is its composition that gives it real value, beyond mere administrative procedure. Of the 13 members, ten represent institutions and bodies with responsibilities linked to the AIPI, two are legal experts of recognised standing, and one represents associations of whistleblowers. Thirteen very different profiles, ranging from budgetary control to financial supervision, including the academic and legal spheres, are called upon to contribute, each from their own field, a technical perspective that could scarcely be concentrated within a single body.
The Commission has already set out its immediate roadmap: whilst its internal operating rules are being drawn up, it will hold regular meetings in March, prior to the presentation of the Annual Report, and in October, coinciding roughly with the second half-yearly meeting with the autonomous communities. The Chair of the AIPI has already announced that he will submit the 2026 Annual Report, the Authority’s action plan and the future Recommendations on whistleblower protection and the sanctions regime to the Commission, prior to their final approval.
The AIPI’s powers are by no means insignificant. It manages the external reporting channel for infringements affecting more than one autonomous community, adopts measures to protect against reprisals and has the power to impose sanctions: fines on individuals can range from 1,001 to 300,000 euros depending on the seriousness of the infringement. That said, it has a clear limitation: it cannot replace judges, the Public Prosecutor’s Office or the judicial police, nor can it directly investigate the reported incidents.
The establishment of this Advisory Commission is not an isolated event in Spain, but part of a broader process currently underway across the European Union since Directive 2019/1937 required Member States to set up competent authorities for whistleblower protection. The pace and institutional robustness with which each country is implementing this mandate vary considerably, and this is where projects such as VoiceGuard come into play.
It is precisely along these lines that VoiceGuard operates, a project funded by the European Union’s CERV programme (2025–2027), in which FIBGAR coordinates and participates alongside partners from various Member States. The project was set up precisely to address what the establishment of the AIPI’s Advisory Committee illustrates: effective whistleblower protection does not depend solely on having a law or an authority on paper, but on building technical capabilities, training and an institutional culture that underpin that framework in practice.
VoiceGuard is working on several fronts that are directly relevant to the situation in Spain: the development of a Vocational Training Programme aimed at those who manage whistleblowing channels and internal reporting systems, prospective or current whistleblowers, legal professionals, academics, solicitors and barristers, as well as anyone with a particular interest in the subject. Furthermore, an online training course is being developed which covers the specific national circumstances of each Member State regarding the actual state of whistleblower protection.
In this regard, the existence of bodies such as the AIPI’s Advisory Committee, capable of bringing together diverse technical perspectives, reinforces precisely the kind of robust institutional framework that VoiceGuard seeks to support and strengthen from within civil society: well-designed reporting channels, authorities with genuine supervisory powers, and a culture of transparency that protects those who speak out against corruption and irregularities, without fear of reprisals.
With this body now operational, the AIPI has an additional tool to enhance its technical rigour in a field where regulatory detail and a diversity of perspectives are crucial to ensuring that whistleblower protection ceases to be a legal promise and becomes an effective guarantee.
Find out more about the VoiceGuard project.
Carmen Coleto Martínez, Project Manager at FIBGAR
