What is a corporate internal investigation in Spain?
A corporate internal investigation is a structured, confidential inquiry into misconduct affecting an organisation: fraud, theft, conflicts of interest, harassment, data leaks, breaches of an ethics code or non-compliance with internal policy. In Spain it is the fact-finding stage that turns a suspicion or a whistleblower report into documented, defensible evidence on which the company can act.
Unlike an informal HR enquiry, a professional internal investigation follows a clear scope and methodology, preserves the chain of custody of any evidence, and protects the rights of everyone involved. When the inquiry requires field work, surveillance, interviews or the lawful gathering of evidence, Spanish law reserves part of this activity to a licensed private detective, which is precisely where La Sociedad Clave adds value to compliance teams and external counsel.
Internal investigations and the Spanish legal framework
Private investigative work in Spain is governed by the Private Security Law (Ley 5/2014). Only an investigator who holds a TIP (the professional identity card) and is listed in the National Private Security Registry (RNSP) may lawfully carry out an investigation of this kind. This licensing requirement is not a formality: evidence gathered by an unlicensed person can be challenged and discarded, and it can expose the company to liability.
Internal investigations must also respect data protection rules. Under the GDPR and Spanish data protection law, processing is built on the company's legitimate interest in detecting and preventing wrongdoing, applying proportionality and minimising the data collected. A licensed detective is trained to operate within these limits, balancing the employer's legitimate interest against the fundamental rights of employees so that the resulting report is both useful and lawful.
Whistleblowing channel in Spain (Ley 2/2023 / EU Directive 2019/1937)
Ley 2/2023, which transposes EU Directive 2019/1937, requires companies with 50 or more employees, and public-sector bodies, to operate an internal whistleblowing channel (canal de denuncias). The channel must guarantee confidentiality, allow anonymous reporting, acknowledge and follow up reports within set deadlines, and shield the reporter from any form of retaliation.
A whistleblowing channel is only as strong as the investigation behind it. When a report is credible, the organisation must look into it diligently and keep a defensible record of how it did so. La Sociedad Clave connects you with licensed detectives who handle that fact-finding stage discreetly, preserving the confidentiality the law demands and producing evidence the company can rely on if the matter escalates to disciplinary or legal proceedings.
Workplace harassment investigations
Spanish employers have a legal duty to prevent and act on workplace harassment, including sexual harassment, mobbing and discrimination, and to maintain a protocol for handling complaints. Failing to investigate a credible complaint properly can leave the company exposed; investigating it carelessly can breach the rights of the people involved. Both risks call for a rigorous, impartial process.
A workplace harassment investigation gathers evidence discreetly while protecting the complainant and respecting the presumption of innocence of anyone accused. A licensed detective can document conduct, corroborate or contradict testimony and produce a court-ready report, helping the company satisfy its protocol obligations and take measured action on credible findings rather than on rumour.
Fraud and compliance investigations
Internal fraud is one of the most common reasons companies open an investigation in Spain. Typical cases include embezzlement, false or inflated expenses, procurement kickbacks, undisclosed conflicts of interest, theft of assets or data, fictitious suppliers and employees moonlighting for a competitor while on sick leave. Each requires evidence that is both convincing and lawfully obtained.
A licensed detective combines discreet surveillance, OSINT and open-source intelligence, and documentary analysis to evidence the conduct without overstepping legal limits. The output feeds directly into a company's compliance programme (programa de cumplimiento) and supports decisions on dismissal, recovery of losses, reporting to authorities or civil and criminal action, giving compliance officers and law firms a solid factual foundation.
Why a licensed detective, and how the evidence holds up in court
The decisive advantage of using a licensed Spanish detective is evidential. Under article 265.1.5 of the Spanish Civil Procedure Act (LEC), a detective's report is admissible as documentary evidence in civil proceedings, and the investigator can appear in court to ratify it and be cross-examined. An internal finding backed by such a report is far harder to dispute than one based on internal notes alone.
La Sociedad Clave is an independent collective that gives Spain's licensed private detectives a collective voice and connects organisations with the right professional for each case. If your company, law firm or compliance function needs an internal investigation carried out in Spain, contact us and we will put you in touch with a licensed detective who can act lawfully, discreetly and with court-ready results.
Frequently asked questions
Are internal investigations legal in Spain?
Yes. Internal investigations are lawful in Spain when conducted by a licensed private detective under Ley 5/2014. The investigator must hold a TIP, be listed in the National Private Security Registry, and act on a legitimate interest, respecting the GDPR and the worker's fundamental rights throughout the inquiry.
Is a whistleblowing channel mandatory in Spain?
Under Ley 2/2023, which transposes EU Directive 2019/1937, companies with 50 or more employees, plus public-sector bodies, must operate an internal whistleblowing channel. The channel must guarantee confidentiality, allow anonymous reporting, and protect the reporter from retaliation. Credible reports often trigger a formal internal investigation.
Can a detective's report be used in a Spanish court?
Yes. Under article 265.1.5 of the Spanish Civil Procedure Act (LEC), a licensed detective's report is admissible as documentary evidence in civil proceedings, and the detective can ratify it in person before the judge. This makes it valuable for dismissals, compliance disputes and related litigation.
How are workplace harassment investigations handled?
A workplace harassment investigation gathers evidence discreetly while protecting the complainant and respecting the rights of everyone involved. A licensed detective can document conduct, corroborate testimony and produce a court-ready report, supporting the company's protocol obligations and helping it act on credible findings without exposing itself to liability.
What types of fraud do internal investigations cover?
Internal fraud investigations in Spain address embezzlement, false expenses, procurement kickbacks, conflicts of interest, data or asset theft, and moonlighting. A licensed detective combines surveillance, OSINT and documentary analysis to evidence the conduct lawfully, giving compliance teams and law firms a solid basis for disciplinary or legal action.
Need an internal investigation carried out in Spain? Contact La Sociedad Clave and we will connect you with a licensed private detective who acts lawfully, discreetly and with court-ready results.