Whistleblower Channel

Whistleblower Channel

Law No. 93/2021, of December 20, in effect from June 18, 2022, establishes the general regime for the protection of whistleblowers of violations, transposing Directive (EU) 2019/1937 of the European Parliament and of the Council, of October 23, 2019, on the protection of persons who report breaches of Union law – Whistleblowing Law.

What can be reported?

• Any act or omission that is contrary to regulations contained in national or community legislation concerning the fields of (i) public procurement, (ii) financial services, products, and markets, and prevention of money laundering and terrorist financing, (iii) product safety and compliance, (iv) transport safety, (v) environmental protection, (vi) radiation protection and nuclear safety, (vii) food and feed safety, animal health, and animal welfare, (viii) public health, (ix) consumer protection, (x) privacy and personal data protection and network and information system security;
• Any act or omission that is contrary to and harmful to the financial interests of the European Union as referred to in Article 325 of the Treaty on the Functioning of the European Union;
• Any act or omission contrary to the internal market rules referred to in Article 26(2) of the Treaty on the Functioning of the European Union;
• Violent crime, especially violent and highly organized crime, as well as crimes listed in Article 1(1) of Law No. 5/2002, of January 11, which establishes measures to combat organized and economic-financial crime.
• Violations that have been committed, are being committed, or can reasonably be foreseen, as well as attempts to conceal such violations. The report must include information on dates, identification of persons and entities involved. It should also be supported, if possible, with documentation. Depending on the content of each report, additional elements and information may be requested to obtain a clear and complete understanding of the situation exposed.

Who can report?

Any individual who comes across information regarding violations obtained in the context of their professional activity, including (i) workers, (ii) service providers, contractors, subcontractors, and suppliers (or any persons under their supervision), (iii) shareholders and members of statutory bodies, (iv) volunteers and interns, and (v) former workers and job applicants. The whistleblower benefits from the guarantee of confidentiality of their identity or anonymity at all times or until such information is required to safeguard the rights of defense of those targeted by the report, within the investigations or subsequent judicial processes. It is also possible to request confidential advice to consider making a report. All reports must be made in good faith and with reasonable grounds. It is prohibited to retaliate against the whistleblower.

How to submit a report?

To submit a report or request confidential advice to consider making a report, you should send your communication to the email address denuncia@heh.pt or via postal communication to Henriques & Henriques, SA – Whistleblower Channel – Estrada Nacional 356, No. 19, Vilões 2490-776 Ourém.

What deadlines should be considered?

• Within 7 days, you will receive notification of receipt of the report;
• Within a maximum of 3 months – communication to the whistleblower of the measures planned or taken to follow up on the report and the respective reasoning, counting from the date of receipt of the report;
• Within 15 days after the respective conclusion – in case the whistleblower has requested (which can be done at any time), communication of the result of the analysis carried out. The record of received reports will be kept for at least 5 years and, regardless, during the pendency of judicial or administrative processes related to the report.