INVEST IN THE COMPLIANCE OF YOUR ENTITY

Entities based in Portugal, regardless of their sector (public, private or social), are obliged, according to Law 93/2021 to have a complaints channel that allows natural persons to file a complaint or make public an infringement, within the framework of their professional activity, related to the areas covered by Article 2 of this Law.

The complaints channels allow reporting violations to ensure the completeness, integrity and preservation of the complaint, the confidentiality of the identity or anonymity of the complainants, the confidentiality of the third parties mentioned, and to prevent access by unauthorized persons.

In this regard, Portal de Denúncias aims to help organizations to comply with current legislation, being a simple and intuitive platform.

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Complaint Management Portal

WHAT VIOLATIONS MAY BE THE SUBJECT OF A COMPLAINT?

  • a)Any act or omission contrary to the rules contained in acts of the European Union, national rules implementing, transposing or applying such acts or any other rules contained in implementing or transposing legislation, including those providing for criminal or administrative offences, relating to the fields of:
    1. Public procurement;
    2. Financial services, products and markets and the prevention of money laundering and terrorist financing;
    3. Product safety and compliance;
    4. Transport safety;
    5. Environmental protection;
    6. Radiation protection and nuclear safety;
    7. Food and feed safety, animal health and animal welfare;
    8. Public health;
    9. Consumer protection;
    10. Privacy and personal data protection and network and information systems security.
  • b)An act or omission contrary and detrimental to the financial interests of the European Union referred to in Article 325 of the Treaty on the Functioning of the European Union (TFEU), as specified in the applicable European Union measures;
  • c)An act or omission contrary to the internal market rules referred to in Article 26(2) TFEU, including the rules on competition and state aid, as well as the rules on corporate taxation;
  • d)Violent crime, especially that of greater violence and highly organized crime, as well as the crimes provided for in paragraph 1 of Article 1 of Law 5/2002, of January 11, 2002, which establishes measures to combat organized and economic-financial crime;
  • e)An act or omission that contravenes the purpose of the rules or standards referred to in letters a) to c).
  • In the fields of national defense and security, only an act or omission contrary to the public procurement rules contained in the acts of the European Union referred to in Part I.A of the Annex to Directive (EU) 2019/1937 of the European Parliament and of the Council, or contrary to the purposes of those rules, shall be considered an infringement.

HOW TO FILE A COMPLAINT?

Type of Complaint: Internal or External

There are two types of complaints:

Internal

Internal complaints refer to verbal or written communications about violations committed within an Entity.

External

External complaints refer to verbal or written communications about violations reported to the Entities, in their capacity as competent authorities, under the terms and for the purposes of Article 12 of Law No. 93/2021, of December 20.


Type of Complaint: Internal or External

There are two ways to file a complaint:

Not anonymous

The identity of the complainant will only be known to the persons handling the case confidentially and will appear as anonymous and confidential to other persons involved in the handling of cases.

Anonymous

The complaint may be submitted in writing or verbally, safeguarding anonymity by not indicating personal data and distorting the voice in the recording.

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