In compliance with Law No 93/2021 of 20 December https://data.dre.pt/eli/lei/93/2021/12/20/p/dre/pt/html (which transposes Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 https://eur-lex.europa.eu/legal-content/pt/TXT/?uri=CELEX:32019L1937 on the protection of persons who report breaches of Union law), ANACOM provides an external reporting channel for the reporting1 of offences provided for in article 2 of the referred Law 2and, in accordance with article 8 of the General Regime for the Prevention of Corruption, approved by Decree-Law No 109-E/2021 of 9 December, for the reporting of acts of corruption and related offences, for which ANACOM, in accordance with its powers and duties, is the competent body to deal with the matter referred to in the report.
The persons listed below are also required to submit internal reports to ANACOM’s external reporting channel on the above-mentioned offences committed against or by ANACOM of which they are aware as a result of information obtained in the course of their professional activities:
- ANACOM employees whose professional relationship with ANACOM has been terminated.
- Service providers, contractors, subcontractors, suppliers or other persons acting under the supervision and direction of ANACOM who are not ANACOM employees or trainees.
- ANACOM volunteers, whether paid or unpaid.
- Participants in a recruitment process or in another pre-contractual negotiation phase of an unestablished professional relationship.
ANACOM, in accordance with Law No 93/2021 of 20 December, guarantees and ensures the conditions of security, secrecy, confidentiality or anonymity, as well as the processing of personal data under the terms provided for and required by law.
How to submit an EXTERNAL REPORT
- Via digital platformhttps://whistleblowersoftware.com/secure/auth/login?redirectPath=%2Fcompany%2Fdashboard
- By telephone (available soon)
- In a personal meeting, in which case ANACOM cannot guarantee anonymity, without prejudice to confidentiality (available soon)
Apartado n.º 5019
Note: ANACOM’s external reporting channel is not intended for reporting complaints about electronic communications, postal communications and space activities. These complaints can be reported to ANACOM here https://www.livroreclamacoes.pt/inicio.
1 Article 5 of Law No 93/2021 of 20 December:
''1 - A natural person who reports or publicly discloses an offence on the basis of information acquired in the context of his or her work-related activities, regardless of the nature of that activity and the sector in which it is carried out, shall be deemed to be a reporting person.
2 - For the purposes of the preceding paragraph, reporting persons shall include in particular:
a) Persons working in the private, social or public sector;
b) Service providers, contractors, sub-contractors and suppliers, and any persons acting under their supervision and direction;
c) Shareholders and persons belonging to the administrative, management, fiscal or supervisory bodies of legal persons, including non-executive members;
d) Volunteers and trainees, whether paid or unpaid.
3 - The fact that the report or public disclosure of an offence is based on information obtained in the course of a professional relationship that has been terminated, as well as during the recruitment process or any other pre-contractual negotiation stage of an existing or unestablished professional relationship, shall not preclude a natural person from being considered as a reporting person.''
2 Article 2 of Law No 93/2021 of 20 December:
''1 - For the purposes of this Law, the following acts shall be deemed to be offences:
a) An act or omission contrary to the rules contained in the European Union acts listed in the Annex to Directive (EU) 2019/1937 https://dre.pt/application/external/eurolex?19L1937 of the European Parliament and of the Council, in national provisions implementing, transposing or enforcing those acts, or in any other provisions contained in legislative acts implementing or transposing them, including those providing for criminal offences or administrative infringements, in the fields of:
i) Public procurement;
ii) Financial services, products and markets, and prevention of money laundering and terrorist financing;
iii) Product safety and compliance;
iv) Transport safety;
v) Protection of the environment;
vi) Radiation protection and nuclear safety;
vii) Food and feed safety, animal health and welfare;
viii) Public health;
ix) Consumer protection;
x) Protection of privacy and personal data, and security of network and information systems;
b) An act or omission contrary to the financial interests of the Union as referred to in article 325 of the Treaty on the Functioning of the European Union (TFEU)and as further specified in relevant Union measures;
c) An act or omission contrary to internal market rules, as referred to in article 26(2) of the TFEU, including competition and State aid rules, as well as corporate tax rules;
d) Violent crime, particularly violent crime and highly organised crime, and offences referred to in paragraph 1 of article 1 of Law No 5/2002 https://diariodarepublica.pt/dr/detalhe/lei/5-2002-583017 of 11 January 2002 on measures to combat organised crime and economic and financial crime; and
e) An act or omission contrary to the purpose of the rules or standards referred to in points a) to c).
2 - In the field of national defence and security, only acts or omissions contrary to the procurement rules contained in the European Union acts referred to in Part I.A of the Annex to Directive (EU) 2019/19 37 https://dre.pt/application/external/eurolex?19L1937 of the European Parliament and of the Council, or contrary to the purpose of those rules, shall be considered an offence within the meaning of this Law.''