The Draft Organic Law on Public Integrity is making progress through the parliamentary process
The Draft Organic Law on Public Integrity has begun its parliamentary process following its publication in the Official Gazette of the Spanish Parliament on 11 September 2026. The bill sets out many of the measures envisaged in the State Plan to Combat Corruption and establishes a new comprehensive framework aimed at strengthening the prevention, detection and punishment of fraud and corruption.
The Bill expands on a concept of integrity based on risk management, due diligence, internal control and supervision, with significant implications for both the public sector and businesses that deal with public authorities.
Key new provisions of the Bill
- Establishment of the Independent Public Integrity Agency.
The Bill provides for the establishment of the Independent Public Integrity Agency, to be constituted as an Independent Administrative Authority and tasked with centralising a significant proportion of the State’s powers in relation to the prevention, oversight and coordination of integrity policies.
It will incorporate, amongst others, the National Anti-Fraud Coordination Service, the Independent Whistleblower Protection Authority and the Office for Conflicts of Interest. It will also assume certain functions relating to public integrity currently assigned to the Independent Office for the Regulation and Supervision of Public Procurement.
The head of the Authority will be appointed for a single, non-renewable six-year term. The draft bill strengthens the safeguards governing the selection procedure, requiring specific professional experience and initial confirmation by a three-fifths majority of the Congress of Deputies, with a simple majority being sufficient thereafter if the three-fifths majority is not achieved.
- Risk maps and due diligence in the public sector.
The Bill establishes a risk-based preventive model. The state, regional and local public sectors must have due diligence procedures and risk maps for fraud or corruption in place, designed to identify, assess, prevent, mitigate and monitor potential irregularities.
These tools must pay particular attention, amongst other areas, to the outsourcing of public services, technological dependence, human resources procedures and potential conflicts of interest.
- New compliance requirements in public procurement.
One of the most significant developments for the private sector directly affects companies that contract with the public sector.
The Ministry of Finance may, by Order, determine which works, supply or service contracts, based on their subject matter, value or other characteristics, present a potential risk of corruption, fraud or collusion.
Such contracts must include, as a special condition of performance, a requirement that certain successful tenderers which do not qualify as SMEs must have a management framework for integrity and the prevention of offences, accompanied by effective supervision, where they do not already have one. The forthcoming Order will also set out the business thresholds that will trigger this requirement.
The draft legislation thus reinforces the role of Compliance Systems beyond their traditional link to the criminal liability of legal persons, extending their scope to contractual relationships with the public sector.
- Greater transparency in public procurement.
The reform also introduces measures aimed at increasing the transparency and traceability of procurement procedures.
Among other measures, the publication of information relating to tenders is strengthened, greater use of the Public Sector Procurement Platform is envisaged, the use of procurement committees is expanded, and declarations of conflict of interest are made standard practice for participants in the procedures.
New instruments are also envisaged, such as integrity agreements and citizen audits.
- Strengthening the protection of whistleblowers.
The Bill amends Law 2/2023 and strengthens the integration of internal reporting systems within overall compliance frameworks.
In particular, the policy or strategy regarding the internal reporting system and the protection of whistleblowers must be integrated into the organisation’s compliance or integrity system.
Furthermore, protection is extended to those responsible for internal and external reporting systems and to those involved in their management; such protection may continue for up to five years after they cease to hold those roles.
Administrative or employment measures constituting retaliation shall be null and void and may give rise to compensation covering actual damages, loss of earnings and non-pecuniary damages.
- Tougher criminal penalties for legal persons.
The Bill introduces significant amendments to the Criminal Code, particularly with regard to corruption-related offences.
Among these, the maximum period during which legal persons are barred from receiving public subsidies and grants, contracting with the public sector, or benefiting from tax or social security incentives is increased to twenty (20) years.
The maximum duration of fines for legal persons is also increased to ten (10) years, and the system for determining the amounts of such fines is amended, with particular emphasis on strengthening the penalties applicable to offences such as bribery, influence peddling, embezzlement or corruption in international commercial transactions.
- Asset recovery and confiscation.
Finally, the Bill strengthens the instruments designed to recover the proceeds of criminal activities, expanding the powers of the Office for Asset Recovery and Management (ORGA).
Among other measures, the circumstances in which confiscation may take place without a conviction are expanded, and the confiscation of unexplained assets linked to criminal activities is introduced. Furthermore, the Government must approve a National Strategy for Asset Recovery within six months of the future Act coming into force.
Impact from a compliance perspective
The Draft Organic Law on Public Integrity represents a further step towards consolidating an integrity model based on prevention, risk management and the demonstration of effective controls.
For businesses, the incorporation of integrity and crime prevention models into the sphere of public procurement is particularly significant. For public and private entities subject to Law 2/2023, the effective integration of the internal reporting system into their compliance or integrity system is also of particular importance.
The legislation is still going through the parliamentary process, so its content may be subject to changes before its final approval.
Compliance Department of Molins Defensa Penal.
compliance@molins.eu