(Article 2)
No. Law 2/2023 grants protection only to people who report on violations collected in a limited material area.
On the one hand, it is limited to certain breaches of Union Law. These are, for example, breaches in the areas of public procurement; financial services, products and markets; prevention of money laundering and terrorist financing; product safety; transport security; environmental protection; radiation protection and nuclear safety; food and feed safety; animal health and welfare; public health; consumer protection; protection of privacy and personal data; and security of networks and information systems.
On the other hand, it is extended (not provided for in the Directive) to actions or omissions constituting a serious or very serious criminal or administrative offence.
The fact that the Law adopts a formal criterion makes it inevitable that, on the one hand, some conduct, of a certain entity, which already had specific treatment in ad hoc protocols, must be considered included in the legal protection, as is the case of sexual harassment or workplace harassment. On the other hand, the Law expressly excludes "information linked to claims about interpersonal conflicts or that only affect the informant and the people to whom the communication or disclosure refers". We must therefore conclude that a weighted analysis of the concurrent elements will be required in each case to determine which information or communications remain subject to the protection of this Law and which are excluded.
