EU Whistleblowing Directive – Portugal
“Proteção das pessoas que denunciam violações do direito da União“READ THE FULL BILL (PT)
Last update 21 February 2023
Whistleblowers protection already in place
Before the introduction of the Directive
Portugal had no specific legislation regarding Whistleblowing. Some existing laws regarding for instance money laundering, witness protection, or data protection were used on a case-by-case basis.
Current implementation status
The law proposal has been approved by the Parliament on November 26th, 2021, in time for the European deadline.
Six months after its publication in the Official Journal, the law came into force on June 18th, 2022.
This makes Portugal the third country to transpose the EU Whistleblowing Directive into national law before the deadline.
The new law “confers protection to the whistleblower who, in good faith, and having serious grounds to believe that the information is true, denounces or publicly discloses an offense under the terms established”.
Scope of Application
The legislation applies to both private and public sectors, including volunteers and interns (remunerated or not).
Organizations with 50 employees and more are immediately affected by the legislation and have an obligation to set up internal reporting channels for reporting and provide follow-up within 7 days.
Its application covers all breaches in a work-related context.
Organizations can make the choice to have an oral reporting option, but all reports should at least have a written version for record tracking purposes.
Clear and easily accessible information on internal and external reporting procedures to competent authorities, institutions, or bodies must be provided.
Provide an extension of protection to the Whistleblower’s family members and relatives, as well as for Facilitators (individuals assisting the whistleblower in reporting).
The confidentiality of the informant is privileged over anonymous reporting. Organizations are subject to confidentiality duty for the informant’s identity and personal data.
Get a Head Start
Having a flexible platform that can adapt to any legislation and regulations can give you a great head start. With Whispli, you can build up your solution according to your current needs, and modify it at any time.
You can start by complying to the minimum requirement of the EU Directive today and adjust to your local legislation later.
Get in touch with one of our expert and get a guided demo to see how Whispli can help your Organization to comply with the Directive.
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