In Portugal, Law no. 93/2021 of 20 December, which establishes the General Regime for the Protection of Whistleblowers, arising from the Whistleblower Directive (Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019), and reinforced by the General Regime for the Prevention of Corruption and Related Offences, approved by Decree-Law no. 109-E/2021, requires certain entities to make an internal whistleblowing channel available.
These obligations form part of a broader strategy for risk prevention, promotion of organizational integrity and early detection of infringements, moving beyond a merely formal role to assume operational and sanctioning relevance.
Which entities are required to have an internal whistleblowing channel?
Specifically, this obligation applies to the following entities:
- Legal entities employing 50 or more workers, including the State and other public law legal entities;
- Entities operating in regulated sectors, namely the banking and financial sectors, which include the insurance sector, regardless of the number of workers.
What is the purpose of the Whistleblowing Channel?
The main purpose of the whistleblowing channel is to enable the reporting, in a confidential, secure and, where applicable, anonymous manner, of irregularities, legal or regulatory infringements, ethical or legal violations (acts or omissions), unethical conduct and/or conduct contrary to internal policies and procedures, fraud, corruption and conflicts of interest.
Attempts to conceal infringements or retaliation against whistleblowers may also be reported.
Who is the Whistleblowing Channel intended for?
The whistleblowing channel is intended for a wide range of individuals, including collaborators, clients, workers, service providers, interns, holders of shareholdings, as well as members of the company’s management, executive or supervisory bodies.
Can a Group of Companies share the management of the whistleblowing channel?
Under the law, private entities employing between 50 and 249 workers may share resources relating to the receipt and follow-up of reports, provided that confidentiality, autonomy of processing and compliance with legal deadlines are ensured.
This possibility is particularly relevant in the context of groups of companies, allowing for centralized or shared solutions, provided that the independence of the process and the rights of the whistleblower are not compromised.
The same regime applies to branches located in Portugal of legal entities headquartered abroad.
Sanctioning regime
Entities that are required to have an internal whistleblowing channel and fail to do so, or that do not ensure its operation in compliance with the law, may be subject to fines of up to €125,000.
Belzuz Abogados, S.L.P. has extensive experience in advising on the implementation of effective compliance programs, both in the field of Data Protection and in the Prevention of Corruption and has a team of lawyers with the necessary expertise to help clients navigate an increasingly complex and demanding regulatory environment.