Comprehensive reform of the anti-corruption framework in Spain: key aspects of the Draft Organic Law on Public Integrity

On 17 February 2026, the Council of Ministers gave first-round approval to the Draft Organic Law on Public Integrity. This legislative proposal forms part of the State Plan to Combat Corruption, a broader framework that encompasses other initiatives introduced in response to the wave of recent corruption cases and rising European pressure on integrity and transparency.

The draft legislation is currently subject to public consultation and sets out 84 measures amending 18 different laws including six organic laws and structured around five pillars: prevention, whistleblower protection, investigation and sanctions, asset recovery and the promotion of democratic integrity.

Among the main measures proposed in the new draft organic law, the following are particularly noteworthy: 

Independent Public Integrity Agency

A centrepiece of the bill is the creation of the Independent Public Integrity Agency, conceived as an independent administrative authority that will play a central role in preventing, overseeing and prosecuting corrupt practices. This new body will be responsible for coordinating anti-corruption policies, proposing regulatory improvements and strengthening control mechanisms.

The agency will bring together three existing state bodies: the Office for Conflicts of Interest, the Independent Whistleblower Protection Authority and the National Anti-Fraud Coordination Service. Its chair must be appointed through a public selection process, have the backing of the Spanish Congress and hold a rank equivalent to that of a secretary of state.

Public procurement

The draft law significantly strengthens the transparency and traceability of procedures in public procurement.

Information on the companies listed in the Official Register of Tenderers and Classified Companies in the Public Sector that are subject to a prohibition on contracting will be made publicly available, enabling both contracting authorities and private parties to identify which companies are disqualified from entering into contracts with public administrations.

In addition, data from various administrative registers will be cross-checked to detect patterns of undue influence and identify risks of structural corruption. This will be led by the Independent Public Integrity Agency.

Criminal sanctions

The draft law also tightens the sanctions regime for corruption offences and crimes against the public administration.

The limitation period for corruption offences is increased from five to seven years. In addition, the maximum disqualification period increases from 15 to 20 years, during which the offender may not contract with the administration or receive subsidies or tax benefits.

For legal entities, fines may be imposed for a period up to ten years and the maximum daily rate will be the higher of 50% of the entity's annual income, calculated on a daily pro rata basis, or €20,000.

Influence peddling is punishable by prison sentences of one to four years and a ban on contracting with the public sector for up to ten years.

Asset recovery

The bill strengthens the role of the Office for Asset Recovery and Management, which will have enhanced powers to trace and recover misappropriated public funds. New mechanisms include confiscation without conviction and confiscation of unjustified wealth, allowing assets to be seized at the early stages of an investigation – even in the absence of a prior conviction – subject to full judicial safeguards.

Individuals convicted of corruption may not progress to third-grade imprisonment, or "open prison", until they have fully repaid the defrauded amounts including accrued interest.

Political party financing

The draft law introduces new transparency requirements and external oversight mechanisms for political party funding.

The threshold from which donations must be made public is reduced from €25,000 to €2,500, with parties required to publish details of these on their website within one month of being accepted.

Political parties that have received subsidies or public funds in an amount exceeding €50,000 must undergo external, independent audits, accompanied by a stricter sanctions regime in the event of non-compliance.

Whistleblower protection

The legislative initiative strengthens protection and confidentiality safeguards for individuals who report acts of corruption.

To this end, all organisations required to have an internal reporting system must also have a compliance or integrity system in place.

In addition, the status of protected person is extended to five years after the whistleblower leaves their role. Whistleblowers are expressly granted the right to claim compensation for any damages suffered as a result of retaliation, including moral damages.

Osborne Clarke comment

The Draft Organic Law on Public Integrity represents an ambitious reform of Spain's anti-corruption framework. If approved in its current form, it would entail a substantial shift for public administrations, companies operating in the public sector and the general public, by strengthening obligations relating to integrity, transparency and oversight.

The text requires a second approval by the Council of Ministers before being submitted to the Spanish Parliament. Although parliamentary proceedings are expected to begin after the summer, the fragmentation of the current parliamentary landscape creates uncertainty as to whether the legislative process can be completed during the current legislative term.

Osborne Clarke will continue to monitor closely the progress of this initiative and its practical implications. If you wish for more detail and discussion on these developments, please do not hesitate to contact one of our experts.