Portugal: Whistleblower protection law already in force
I’ve heard of Law No. 93/2021, (complaint) of December 20, which establishes the general regime for the protection of whistleblowers of infringements? This law transposes Directive (EU) 2019/1937 of the European Parliament and of the Council, of 23 October 2019, on the protection of persons who report violations of Union law.
As workers with more than 50 reports they have to create whistleblowing channels. Learn more about this new law that went into effect this past Saturday.
Law No. 93/2021 establishes the general regime for the protection of whistleblowers of infringements, transposing into the domestic legal order Directive (2019/193) October 23, 2019, on the October 2019 protection of persons who report violations of Union law.
Anyone who reveals illicit and criminal activities within companies is now "protected" with this law.
But who can be the whistleblower?
This "new" law says that a whistleblower is one who exposes a database of information that cannot be illegal in the professional activity.
The Directive is for public or private sector workers. You also don't need to be an employee of the company's staff to report a crime: this preventive protection also applies to interns and volunteers, service provider, contractors, subcontractors and suppliers.
Companies with 50 or more workers are required to create internal reporting channels. Complaints may be in writing and may be an announcement by the complainant.
What types of crimes can be reported?
Before the law, infractions, acts or to: matters that concern
- i) Public contracting;
- ii) Financial services, products and markets and prevention of money laundering and terrorist financing;
- iii) Product safety and compliance;
- iv) Transport security;
- v) Protection of the environment;
- vi) Radiation protection and nuclear safety;
- vii) Food and animal safety, animal health and animal welfare;
- viii) Public health;
- ix) Consumer protection;
- x) Protection of privacy and data and security of the network and information systems;
Any institutional attitude of a violent, abusive nature or related to organized-financial crime is also included in the list of transgressions that can be reported.
The whistleblower channel must allow submission at the end of the whistleblowing, at the beginning of the process. It must guarantee the confidentiality of the confidential topic, prioritizing the confidentiality of the identity or anonymity of the whistleblowers and preventing access by unauthorized persons.
If you don't follow the instructions there, you may have to pay up to €250,000 once! All institutions until June 30th to adapt.
Whether it's an internal or external complaint, institutions up to seven days to communicate their receipt and informin a clear and accessible way, in the next steps to be taken.