Portugal’s New Whistleblower Protection Law: Key Provisions and Compliance Requirements

Portugal’s New Whistleblower Protection Law: Key Provisions and Compliance Requirements

Portugal’s Law No. 93/2021, enacted in December 2021, aligns with the EU Whistleblower Directive to protect individuals reporting violations of EU law in areas like public procurement, finance, environmental safety, and data privacy. The law mandates that organizations with over 50 employees establish confidential reporting channels.

The legislation protects whistleblowers against retaliation, extending protections for two years after a report. Retaliation may include changes in job conditions, termination, and negative evaluations. Reports must be acknowledged within seven days, and investigations should be completed within three months. Only those who report in good faith with a reasonable belief in the accuracy of their information are protected.

External reporting is allowed if internal channels are inadequate, ineffective, or pose a risk of retaliation, while public disclosure is permitted if there is an imminent threat to the public interest or if reporting channels fail to address the issue. 

Penalties for non-compliance reach up to €250,000 for severe breaches, with document retention required for five years or until related legal actions conclude.

For further details, the full content, published on January 7, 2022, is available in Portuguese in the Público newspaper..