Frequently Asked Questions

The Complaint Channel, is an online platform for the management of complaints, i.e. it is an instrument for the prevention and detection of risks, which allows the reporting of acts of offences committed, including corruption and related offences.
 

1. Through Complaint Channel acts or omissions may be denounced, in a foolish or negligent manner, which may constitute crime or contraordination, in accordance with the terms laid down in the Article 2(1) of Law No 93/2021 of 20 December, as follows:
   The act or omission contrary to rules contained in the acts of the European Union referred to in the Annex to the Directive 2019/1937, national rules implementing, transposing or complying with such acts or any other rules contained in legislative acts implementing or transposing them, including those providing for crimes or contra-ordinations relating to:
   • public procurement;
   • financial services, products and markets and prevention of money laundering and terrorist financing;
   • product safety and conformity;
   • transport safety;
   • environmental protection;
   • Radiation protection and nuclear safety;
   • food and animal safety, animal health and animal welfare;
   • public health;
   • consumer protection;
   • Protection of privacy and personal data and network and information systems security.
2. the contrary and harmful act or omission of the financial interests of the European Union as referred to in Article 325 of the Treaty on the Functioning of the European Union.
3. the act or omission contrary to internal market rules, including the rules on competition and State aid, as well as corporate taxation rules;
4. Violent crime, particularly violent and highly organised, as well as the crimes provided for in Article 1(1) of Law No 5/2002 of 11 January 2002, establishing measures to combat organised and economic-financial crime;
5. the act or omission contrary to the end of the rules or standards covered by points (i) to (iii) above.

and according to DL No 109-E/2021of 9 December - GENERAL CORRUPTION PREVENTION SCHEME (RGPC), Article 3 Definition of corruption and related infringements

• Abuse of power
• Bleaching or fraud in obtaining or deceiving subsidy, grant or credit
• Concussion
• Corruption
• Economic participation in business
• Peculate
• Prevarication
• Receiving and undue offer of advantage
• Trafficking in influence

NOTE - This platform is exclusively for complaints.
For presentation of exhibitions, complaints or requests for information addressed to “ENTITY NAME” should use the appropriate service channels for this purpose.

Complaints may be lodged by:

• employees in the private, social or public sector of the entities concerned;
• service providers, contractors, subcontractors and suppliers, as well as any persons acting under their supervision and direction;
• volunteers and trainees, paid or unpaid;
• any person in possession of relevant information on the practice of offences.
   

The complaint may be lodged in writing or verbally, using the platform made available for that purpose.

The complaint shall contain the elements considered relevant, as detailed as possible, namely:

• the date or periods in which the acts took place;
• identification of the persons and/or entities concerned;
• any amounts, where applicable;
• documentary evidence or other evidence supporting the complaint and must always be attached to it;
• identification of other persons with knowledge of the facts, or capable of clarifying them;

The complaint may also be lodged by the following means:

• INDICATE WHAT OTHER MEANS OF COMPLAINTING (e.g. Presidential, Telephone, postal, e-mail).

Once a complaint has been lodged, the Complaint Channel will carry out its analysis and carry out the steps deemed appropriate to the effect.

To that end, it has 7 days to notify the whistleblower of your receipt, shall verify the claims, request the complainant, where necessary, to provide further clarifications enabling him to validate and supplement the knowledge of the facts which have been transmitted and to take any procedural steps which prove most appropriate, including, where appropriate, to notify the competent authority to investigate the infringement.

As measures planned or taken to follow up the complaint and their reasons shall be communicated to the complainant within 3 months from the date of receipt of the complaint.
 

Without prejudice to the provisions of the criminal proceedings for a counter-national court, complaints shall be closed where:

• non-framework of facts reported in law-enforcement offences and domains;
• failure to comply with the minimum requirements/elements for drawing up the complaint and the complainant has not corrected the errors/issues after being requested to do so;
• not the competent authority to assess the complaint;
• the situation is already under review or investigation in another entity;
• the offence reported is of minor gravity, insignificant or manifestly irrelevant;
• the complaint is repeated and does not contain any new factual or legal elements justifying a different follow-up to that given in relation to the first complaint;
• The complaint is anonymous and no evidence of infringement is withdrawn from it.

The whistleblower reporting through the Complaint Channel, has the following rights:

• Right to anonymity by selecting their option when completing the form;
• the right to confidentiality of their identity and to information enabling them to deduct it;
• Right to legal protection in general terms as set out in Article 22 of the Law 93/2021of 20 December;
• the right to follow-up of the complaint;
• Right to add new elements or clarifications to the Complaint that you have made, by using the Safe Mail Box, using the code made available for this purpose and the respective password;
• the right to non-retaliation;
• the right to benefit from witness protection measures in criminal proceedings;

The protection provided by the scheme shall be extended to third parties who assist or are linked to the complainant.
 

The protection of the complainant may be called into question when there is intentional non-compliance with the requirements imposed by the RGPDI in the complaint of infringements and may be counter-ordered.

The information communicated by the complainant shall be used exclusively for the legal purposes provided for by the platform. Complaint Channel, in compliance with the General Data Protection Regulation.

The complaint management system shall be based on technical and organisational data protection-oriented measures, including supporting documentation and data collected, and shall be archived in accordance with their confidentiality and security, and security measures must be adopted in the information archive in order to restrict their access only to authorised persons.

The information shall be kept for a period of 5 years, irrespective of that period, pending judicial or administrative proceedings relating to the complaint.