No, the platform should only be used to submit reports of infractions listed in article 2 of Law no. 93/2021, of December 20th.
As defined in article 5 of Law no. 93/2021, of December 20, a natural person who reports or publicly discloses an infraction based on information obtained in the scope of their professional activity, regardless of the nature, is considered a whistleblower. of this activity and the sector in which it is carried out.
For the purposes of the foregoing, the following may be considered whistleblowers:
a) Workers;
b) Service providers, contractors, subcontractors and suppliers, as well as any people acting under their supervision and direction;
c) Holders of shareholdings and people belonging to administrative or management bodies or tax or supervisory bodies of legal entities, including non-executive members;
d) Volunteers and interns, paid or unpaid.
Infractions relating to the areas mentioned in article 2 of Law no. 93/2021, of December 20, can be reported on the reporting platform, namely related to:
Yes, through the platform it is possible to submit complaints anonymously.
The conditions of protection are established in article 6 of Law no. 93/2021, of December 20, which provides, from the outset, in its no. 1, that benefits from the protection conferred by this law the whistleblower who, in good faith, and having serious grounds for believing that the information is, at the time of the complaint or public disclosure, true, denounces or publicly discloses an infraction under the terms established in chapter ii of the aforementioned Law.
Yes, article 7 of Law no. 93/2021, of December 20, establishes a rule of precedence for internal reporting over external reporting, although the whistleblower may resort to external reporting channels in the cases provided for in n. 2 of that article. In turn, the public disclosure, by the complainant, of an infraction must comply with the provisions of paragraph 3 of the aforementioned article 7. It should be noted that the aforementioned rules do not prejudice the provisions of article 242 of the Code of Criminal Procedure, which establishes situations of mandatory reporting.
You can submit a complaint by accessing the respective platform, through the link (direct link to the reporting platform) or verbally, in the presence of the person responsible for the treatment, according to a date and time to be scheduled, by contacting +351 234 639 230.
Yes. For complaints submitted on the platform, the code that is made available when submitting the complaint will allow you to later consult the follow-up that is being given to you. It will also be through the aforementioned code that you will be able to confirm receipt of your report and access other information transmitted by the controller, in accordance with the provisions of article 11 of Law no. 93/2021 of 20 December. In the case of complaints submitted verbally, the follow-up given to your complaint will be communicated to the complainant's email address.
Yes, the reporting channels guarantee the confidentiality of the whistleblower and the content of the complaint presented.
Personal data will be processed by the person responsible for processing complaints, observing the provisions of the General Data Protection Regulation, approved by Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, in Law no. 58/2019, of 8 August, which ensures the implementation, in the national legal order, of Regulation (EU) 2016/679, and in Law no. 59/2019, of 8 August, which approves the rules relating the processing of personal data for the purposes of prevention, detection, investigation or prosecution of criminal offenses or the execution of criminal sanctions.
Personal data that are clearly not relevant to the processing of the complaint are not kept and must be immediately deleted.
The complaints presented will be recorded and will be kept for at least a period of 5 years and, regardless of this period, during the pendency of judicial or administrative proceedings relating to the complaint.
The person responsible for handling complaints can be contacted at +351 234 639 230 and via email at teresa.mota@exporlux.pt.
In Law No. 93/2021, of December 20th and on the Justice Portal.
The reporting platform can be accessed through this link.