Under the new General Whistleblower Protection Scheme, any person who reports via an internal or external channel a breach or discloses it publicly, based on information obtained in a current or previous professional relationship, or during any pre-contractual negotiation phase, is protected as a whistleblower. This protection applies regardless of the professional activity performed.
Any irregularity may be reported or publicly disclosed, regardless of whether it has already been committed, is being committed or is anticipated to be committed, including attempts at concealment.
In order to be granted protection to the whistleblower, it is necessary that he/she demonstrates to have serious grounds to believe that, at the time of the whistleblowing or public disclosure, the information obtained is true, and acts in good faith.
Employees or former employees in the private, public or social sector, holders of shareholdings, persons belonging to public administration bodies or corporate bodies, volunteers and trainees may benefit from this scheme. This protection extends to any person providing assistance to the whistleblower, such assistance to remain confidential, who may be subject to professional retaliation, or any entity owned or controlled by the whistleblower with which he or she is in any way professionally connected.
Acts of retaliation against the whistleblower are prohibited, namely any act, omission, threat or attempt, in a professional context, which is motivated by the report or public disclosure and which causes (or may cause) unjustified pecuniary or non-pecuniary damage to the whistleblower. In the event of retaliation, you are entitled to compensation for the damage caused.
DLA Piper Portugal Team
Dr. Daniel Reis
Dr.ª Marta Albuquerque Coelho
Drª Mariana Martins Fernandes
To go deeper on whistleblower, see also:
Official source: Directive (EU) 2019/1937.
