Approval of the Draft Organic Law on Public Integrity
Molins Compliance notes that on February 17, 2026, the Council of Ministers approved the Draft Organic Law on Public Integrity as part of the State Plan to Combat Corruption. To this end, significant regulatory changes are being introduced that apply to both the public and private sectors, amending 18 laws (six of which are organic) and contemplating up to 84 measures.
The structure of this draft bill is organized around 5 main pillars of the anti-corruption strategy: risk prevention, whistleblower protection, investigation and punishment, asset recovery, and promotion of a culture of democratic integrity.
Main advances and highlights
- Creation of the Independent Public Integrity Agency
The draft bill provides for the creation of this body, which will be established as the main administrative authority in the fight against corruption, assuming key responsibilities in the prevention, supervision, and planning of actions aimed at combating this phenomenon.
3 pre-existing bodies will be integrated into it:
- The Office of Conflicts of Interest.
- The Independent Whistleblower Protection Authority.
- The National Anti-Fraud Coordination Service.
The presidency of the Agency, with the rank of Secretary of State, will be appointed through a public process that will require approval by the Congress of Deputies, and for a single term of 6 years.
- Strengthening the requirements for transparency and financial control of political parties
An external audit will be mandatory for political parties that receive more than €50,000.00 in public funds, and donations exceeding €2,500.00 (previously €25,000.00) must be published within 1 month.
- Public procurement
In the area of public procurement, measures are planned to increase controls and transparency. Among these, it is proposed that the Register of Companies Prohibited from Contracting be made public and accessible. In addition, the prohibition on contracting is automated, so that it will no longer depend on a formal conviction and will act as a prior mechanism for protecting the public sector (any contracting body and the public will be able to find out which companies are disqualified from contracting with the Administration). Furthermore, the obligation for all administrations to have risk maps as a tool for risk prevention is extended.
- Promotion of the use of technological tools
The use of technological tools, including artificial intelligence and advanced data analysis systems (Big Data), will be expanded and promoted to modernize the State Contracting Platform and the National Subsidy Database with the aim of facilitating the identification and early detection of risks and anomalies and preventing irregular conduct, as well as improving control mechanisms.
- Strengthening of the penalty system
The penalty system will be tightened with specific amendments to the Criminal Code. These amendments include extending the statute of limitations for corruption offenses from 5 to 7 years and also extending the maximum disqualification periods from 15 to 20 years (with regard to contracting with the administration and access to subsidies or tax benefits). In addition, the maximum length of fines imposed on legal persons will be increased to 10 years, with a daily rate for legal persons ranging from a minimum of €30 to a maximum of 50% of income or €20,000.
- Protection of whistleblowers
The protection of whistleblowers is guaranteed and reinforced, ensuring their right to report and their safety and protection. To this end, the status of protected person is extended to 5 years after the cessation of activity.
On the other hand, all agencies and entities are required to have a compliance or integrity system in place, and the right to compensation, including moral damages, is contemplated.
- Recovery of defrauded or stolen assets
The Office of Asset Recovery and Management will see its powers increased, incorporating legal concepts such as confiscation without conviction or confiscation of unjustified wealth. Similarly, seized and confiscated assets may be sold in advance to prevent their deterioration.
With regard to access to prison benefits linked to the return of defrauded funds, these may only be accessed after civil liability and financial compensation for corruption offenses have been fulfilled.
Conclusion
The Draft Organic Law on Public Integrity introduces substantial changes in the legal and Compliance areas. This reform will entail greater responsibility for companies, both in the public and private sectors, with regard to their integrity, transparency, and internal compliance systems, forcing them to review their prevention and control systems and policies to comply with stricter regulations and more demanding standards.
Molins Compliance notes that on February 17, 2026, the Council of Ministers approved the Draft Organic Law on Public Integrity as part of the State Plan to Combat Corruption. To this end, significant regulatory changes are being introduced that apply to both the public and private sectors, amending 18 laws (six of which are organic) and contemplating up to 84 measures.
The structure of this draft bill is organized around 5 main pillars of the anti-corruption strategy: risk prevention, whistleblower protection, investigation and punishment, asset recovery, and promotion of a culture of democratic integrity.
Main advances and highlights
- Creation of the Independent Public Integrity Agency
The draft bill provides for the creation of this body, which will be established as the main administrative authority in the fight against corruption, assuming key responsibilities in the prevention, supervision, and planning of actions aimed at combating this phenomenon.
3 pre-existing bodies will be integrated into it:
- The Office of Conflicts of Interest.
- The Independent Whistleblower Protection Authority.
- The National Anti-Fraud Coordination Service.
The presidency of the Agency, with the rank of Secretary of State, will be appointed through a public process that will require approval by the Congress of Deputies, and for a single term of 6 years.
- Strengthening the requirements for transparency and financial control of political parties
An external audit will be mandatory for political parties that receive more than €50,000.00 in public funds, and donations exceeding €2,500.00 (previously €25,000.00) must be published within 1 month.
- Public procurement
In the area of public procurement, measures are planned to increase controls and transparency. Among these, it is proposed that the Register of Companies Prohibited from Contracting be made public and accessible. In addition, the prohibition on contracting is automated, so that it will no longer depend on a formal conviction and will act as a prior mechanism for protecting the public sector (any contracting body and the public will be able to find out which companies are disqualified from contracting with the Administration). Furthermore, the obligation for all administrations to have risk maps as a tool for risk prevention is extended.
- Promotion of the use of technological tools
The use of technological tools, including artificial intelligence and advanced data analysis systems (Big Data), will be expanded and promoted to modernize the State Contracting Platform and the National Subsidy Database with the aim of facilitating the identification and early detection of risks and anomalies and preventing irregular conduct, as well as improving control mechanisms.
- Strengthening of the penalty system
The penalty system will be tightened with specific amendments to the Criminal Code. These amendments include extending the statute of limitations for corruption offenses from 5 to 7 years and also extending the maximum disqualification periods from 15 to 20 years (with regard to contracting with the administration and access to subsidies or tax benefits). In addition, the maximum length of fines imposed on legal persons will be increased to 10 years, with a daily rate for legal persons ranging from a minimum of €30 to a maximum of 50% of income or €20,000.
- Protection of whistleblowers
The protection of whistleblowers is guaranteed and reinforced, ensuring their right to report and their safety and protection. To this end, the status of protected person is extended to 5 years after the cessation of activity.
On the other hand, all agencies and entities are required to have a compliance or integrity system in place, and the right to compensation, including moral damages, is contemplated.
- Recovery of defrauded or stolen assets
The Office of Asset Recovery and Management will see its powers increased, incorporating legal concepts such as confiscation without conviction or confiscation of unjustified wealth. Similarly, seized and confiscated assets may be sold in advance to prevent their deterioration.
With regard to access to prison benefits linked to the return of defrauded funds, these may only be accessed after civil liability and financial compensation for corruption offenses have been fulfilled.
Conclusion
The Draft Organic Law on Public Integrity introduces substantial changes in the legal and Compliance areas. This reform will entail greater responsibility for companies, both in the public and private sectors, with regard to their integrity, transparency, and internal compliance systems, forcing them to review their prevention and control systems and policies to comply with stricter regulations and more demanding standards.