14 February 2024, HAAG

Informative Note on the General Regime for the Protection of Whistleblowers (Law 93/2021)

HAAG has prepared an information note on the General Regime for the Protection of Whistleblowers, approved by Law 93/2021 of 20 December, which transposed Directive (EU) 2019/1937 of 23 October 2019, also known as the "Whistleblowing Directive", on the protection of persons who report breaches of EU law. In essence, it aims to encourage and facilitate the reporting of bad practices, without the risk of retaliation for whistleblowers, by establishing the process of reporting and protecting the whistleblower (and anyone who assists them). Law 93/2021 of 20 December came into force on 18 June 2022.

It is worth highlighting the great challenge that this law brings for companies, as it enshrines the obligation to have internal whistleblowing channels that are appropriate and proportionate to their area and scope of activity, which allow for the submission and processing of complaints, guaranteeing the completeness, integrity and confidentiality of the entire process.

Authors: António A. Guimarães and Nicole Paiva