MENAC and the New Legal Obligation of the RGPC: What Do Companies Need to Know by 14 February?

MENAC, National Anti-Corruption Mechanism, has been implementing significant measures to fight corruption in Portugal.

With the entry into force of the General Regime for the Prevention of Corruption (RGPC), a set of obligations was established for public and private organisations, with the aim of strengthening integrity, transparency and accountability in their operations.

This article details the main requirements of the RGPC, the deadlines to be met and the steps necessary for companies with 50 or more employees to be compliant.

What is the RGPC?

The RGPC is a legal regime that defines mandatory measures to prevent corruption and related offences in public and private sector organisations.

It is part of a broader anti-corruption strategy led by MENAC, whose mission is to ensure compliance with these measures, supervise the entities covered and promote good governance practices.

Who does it apply to?

The RGPC applies to:

Public organisations;
Private organisations with 50 or more employees;
Other organisations which, regardless of the number of employees, carry out activities of relevant public interest.

These organisations are obliged to implement a Regulatory Compliance Programme, which includes a set of measures and procedures designed to prevent, detect and mitigate corruption risks.

Main obligations of the RGPC

Companies covered by the RGPC must implement the following measures:

1. Plan for the Prevention of Risks of Corruption and Related Offences (PPR)

Identifies the corruption risks associated with the organisation’s activity;
Defines measures to prevent and control these risks;
It must be updated periodically, taking into account changes in the organisation’s activities or context.

2. Code of Conduct

Establishes the principles of ethics and conduct to be followed by all employees;
It must be widely disseminated within the organisation and integrated into the corporate culture.

3. Internal Training Programme

Aims to train employees to identify and prevent situations of corruption;
It should include regular training sessions adapted to the roles and responsibilities of each group of employees.

4. Whistleblowing Channel

An internal system for reporting suspicions of corruption or related offences;
It must guarantee confidentiality and protect whistleblowers against reprisals.

5. Appointment of a Compliance Officer

This professional will be the point of contact between the organisation and MENAC;
They will be responsible for ensuring compliance with legal obligations and coordinating the implementation of RGPC measures.

RGPC Platform

To facilitate compliance, MENAC launched the RGPC Platform, which went live on 25 November 2024. On this platform, the entities covered must:

Register and create a profile;
Submit the required documents, including the PPR, the Code of Conduct and other elements of the Regulatory Compliance Programme;
Regularly update the information and documents.

Deadlines and penalties

Initially, the deadline for submitting the documents was 31 December 2024.

However, due to the high volume of registrations and requests for clarification, MENAC extended the deadline to 14 February 2025.

Failure to fulfil these obligations may result in:

Administrative sanctions, including fines;
Reputational consequences, which could compromise the organisation’s credibility with clients, partners and investors;
Legal impediments, such as exclusion from public tenders or the inability to enter into contracts with public organisations.

How to prepare your organisation

1. Carry out an internal diagnosis

Evaluate existing processes and systems to identify gaps in RGPC compliance.

2. Define responsibilities

Appoint a Compliance Officer and form a team dedicated to implementing the required measures.

3. Draw up the necessary documents

Develop or update the PPR, Code of Conduct and other required documents.

4. Implement training and communication systems

Create a training plan for employees and ensure that everyone understands the new policies and procedures.

5. Establish a whistleblowing channel

Make sure the system complies with legal requirements and is easy for employees to use.

6. Register on the RGPC Platform

Submit all your documents and keep your information up to date.

Resources and support

MENAC provides various resources to support organisations, including:

A user manual for the RGPC Platform;
A frequently asked questions (FAQs) section on its official website;
Email support at [email protected].

Conclusion

The implementation of the RGPC represents an important step in the prevention of corruption in Portugal.

Companies with 50 or more employees must act quickly to comply with legal obligations by 14 February 2025, ensuring not only compliance with the law, but also promoting a culture of integrity and transparency.

Investing in good governance practices is essential for strengthening the trust of customers, employees and partners and for ensuring the long-term sustainable success of organisations.

See more details at: https://mec-anticorrupcao.pt/plataforma-rgpc-entra-em-funcionamento/

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Thank you!

Constantino Ferreira

MENAC: further reading

To go deeper on MENAC, see also:

Official source: Directive (EU) 2019/1937.