Compliance tools · Portugal

Lei n.º 93/2021, de 20 de dezembro, que estabelece o regime geral de proteção de denunciantes de infrações, transpondo a Diretiva (UE) 2019/1937

Lei n.º 93/2021, de 20 de dezembro; Diário da República, 1.ª série, n.º 244, de 20 de dezembro de 2021, páginas 3 a 15 · Portugal · Binding instrument

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A set of three working files that organise Lei n.º 93/2021's whistleblowing duties into open questions a business answers from its own records, with the statutory text carried verbatim beside each duty.

Lei n.º 93/2021, de 20 de dezembro, establishes the general regime for the protection of whistleblowers of infringements, transposing Directive (EU) 2019/1937. It reaches employers in the private, public and social sectors that fall within its scope, including companies with a defined minimum number of workers, entities providing services in sectors such as financial services, transport and waste management, and public bodies. The toolkit's three working files organise the obligations this instrument places on those businesses into phases of open questions answered from the business's own records.

The first working file covers the internal reporting channel: the duties a business must meet when setting up and operating a channel for reports of infringements. The second covers the follow-up of an internal report: the steps a business takes once a report arrives, including acknowledgement, investigation and the response owed to the reporting person. The third covers commercial secrecy: the conditions under which information covered by commercial secrecy may be used or disclosed in the handling of a report.

Sections are served through a connector inside Claude, so the business works through the open questions in place. The documents that come back are dated compliance reports the business keeps in its own file. The toolkit never gives advice and never presents a perspective; it carries what the authority wrote, organised.

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Which businesses must set up an internal reporting channel under this law?

The instrument reaches employers in the private, public and social sectors that fall within its scope, including companies above a defined worker threshold and entities in sectors such as financial services, transport and waste management. The first working file walks through the duties for setting up and operating the internal reporting channel, with the statutory text carried verbatim beside each duty.

What does the first working file cover?

It covers the internal reporting channel: the duties a business meets when creating and running a channel for reports of infringements. The open questions in that file are answered from the business's own records, and the relevant articles of Lei n.º 93/2021 sit beside each duty.

What happens after a report arrives through the channel?

The second working file covers the follow-up of an internal report: acknowledgement, investigation and the response owed to the reporting person. The business answers the open questions from its own records, and the file carries the statutory text beside each duty.

How is commercial secrecy handled when a report is processed?

The third working file covers commercial secrecy: the conditions under which information covered by commercial secrecy may be used or disclosed in the handling of a report. The open questions are answered from the business's own records, with the relevant articles of the instrument carried beside each duty.

How are the working files delivered?

Sections are served through a connector inside Claude. The business works through the open questions in place, and the documents that come back are dated compliance reports kept in the business's own file.

What do the documents that come back look like?

They are dated compliance reports the business keeps in its own file. Each report records the answers the business gave to the open questions, drawn from its own records, with the statutory text beside each duty.

Does the toolkit tell a business what to do about a specific report?

The toolkit never gives advice and never presents a perspective; it carries what the authority wrote, organised. The business answers the open questions from its own records, and the statutory text sits beside each duty for the business to read.

Which articles of the law does each working file address?

The first file addresses the internal reporting channel, citing Artigo 8.º, n.º 1 and Artigo 10.º, n.º 2. The second addresses the follow-up of an internal report, citing Artigo 11.º, n.º 1 and Artigo 18.º, n.º 4. The third addresses commercial secrecy, citing Artigo 18.º, n.º 5 and Artigo 25.º, n.º 2.

What does a business need to have ready before starting?

The business answers the open questions from its own records, so it gathers the records that show how its reporting channel is set up and how reports are handled. The working files set out the questions in phases, and the statutory text is carried beside each duty.

Is the toolkit suitable for a small business?

The instrument reaches employers that fall within its scope, and the toolkit organises the obligations into phases of open questions a business answers from its own records. A small business works through the same sections through the connector inside Claude, and the dated compliance reports stay in its own file.

Source: Diário da República. Official text, free of copyright under CDADC art. 7. Official reference: Lei n.º 93/2021, de 20 de dezembro; Diário da República, 1.ª série, n.º 244, de 20 de dezembro de 2021, páginas 3 a 15.

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