Whistleblowers Channel

Law no. 93/2021, of December 20, established the general regime for the protection of whistleblowers of infringements, transposing Directive (EU) 2019/1937 of the European Parliament and of the Council, of October 23, 2019, regarding the protection of persons who report breaches of European Union law. This regime aims to ensure the protection of the natural person who reports or publicly discloses an infringement that has been committed, is being committed, or whose commission can be reasonably foreseen, as well as the attempt to conceal it, based on information obtained within the scope of their professional activity (in a broad sense). Subsequently, Council of Ministers Resolution no. 37/2021, of April 6, approved the National Anti-Corruption Strategy 2020-2024 (ENCC), embodied in the general regime for the prevention of corruption and related offenses, approved as an annex to Decree-Law no. 109-E/2021, of December 9, whose article 8 determines the creation of internal reporting channels to follow up on reports of acts of corruption and related offenses.

What is the whistleblowing channel

The whistleblowing channel is an online platform for the registration and processing of reports, serving as an essential instrument for the detection of all types of corruption irregularities and related offenses.

What can be reported

Reports concerning matters within the competence of MENAC will be considered, namely facts related to acts of corruption and related offenses, or any irregularities or illegalities committed within the scope of entities subject to its oversight under the general regime for the prevention of corruption. Corruption and related offenses are understood to mean the crimes of active and passive corruption, undue receipt and offer of an advantage, embezzlement, economic participation in business, extortion, abuse of power, prevarication, influence peddling, money laundering, or fraud in obtaining or diverting a subsidy, grant, or credit.

What are the essential elements of a complaint

The complaint must essentially ensure the following elements:

1. A brief, objective, and clear description of the facts that are the subject of the complaint;
2. Indication of the locations and dates of the events;
3. Who is involved in the facts, with an indication of the identity(ies) and roles of the persons involved due to suspicion or authorship, and who else has knowledge of the facts (potential witnesses);
4. Submission of evidence regarding the reported facts or the means to obtain them.

Handling of the submitted complaint

The reports submitted will be subject to technical analysis by the whistleblowing channel manager, who may: 1. Archive them due to the absence of illicit activity or lack of evidence allowing for the investigation to proceed; 2. Forward the report to an internal department or to competent external entities (administrative, investigative, or judicial);

Important

Before submitting a report, it is recommended to read the Whistleblowing Channel Regulations and the Frequently Asked Questions (FAQs), where you can clarify doubts about its operation, the protection of the whistleblower, and the types of infractions covered. The channel is exclusively intended for communicating infractions provided for in the applicable legislation (RGPC). For complaints, suggestions, or requests for clarification, you should use the usual contact methods. Reports must be made in good faith, based on concrete and verifiable facts. Misuse of this channel, namely through the provision of false information, compromises its purpose and may result in sanctions.