Whistleblowing

On December 20, the Law No. 93/2021, of December 20 was published, establishing the general regime for the protection of whistleblowers of offenses (RGPDI), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council of October 23, 2019, regarding the protection of persons who report violations of Union law, creating the obligation to implement internal reporting channels and procedures to ensure compliance with the principles underlying this new legal framework.

According to Law No. 93/2021, of December 20, a "Whistleblower" is considered to be an individual who reports or publicly discloses an offense based on information obtained within the scope of their professional activity, regardless of the nature of the activity and the sector in which it is carried out.

  1. For this purpose, whistleblowers may include:
  2. Any natural or legal person who maintains any type of relationship with BTL, such as:

    It is noted that the consideration of an individual as a whistleblower is not precluded by the circumstance that the disclosure or public disclosure of an offense is based on information obtained in a professional relationship that has since ceased, as well as during the recruitment process or during another pre-contractual negotiation phase of a professional relationship, whether established or not.

  3. Filing a report:
  4. In order to exercise your right to report, you should consult the law to ensure that you can be considered a "Whistleblower" under this legislation. To file a report within this framework, you must first consult Law No. 93/2021, of December 20, and only reports of the offenses provided therein are admissible, as follows:

Whistleblowing form

Whistleblowing Form Information

This whistleblowing form constitutes the Internal Whistleblowing Channel of BTL, which aims to allow reporting situations that constitute offenses by the practice of act or omission, constituting crimes or administrative offenses, referring, namely, to the following domains:

  • Fraud (errors and omissions of relevant information to third parties);
  • Corruption and related offenses, namely crimes of active and passive corruption, improper receipt and offer of advantage, embezzlement, economic participation in business, extortion, abuse of power, malfeasance, influence peddling, money laundering or fraud in obtaining or diverting subsidies, grants, or credit;
  • Misconduct, conflicts of interest (personal situations or inappropriate relationships with third parties that may affect the proper performance of duties towards BTL, placing personal interests before those of the organization);
  • Situations/actions that do not meet the standards of ethics and values that may adversely affect or jeopardize the reputation of BTL, and/or the well-being of employees, interns, suppliers, service providers, subcontractors, and clients.
  • Human rights: violation of human rights.
  • Workers' rights: conducts that endanger the health and integrity of workers, or generate situations of discrimination or harassment.
  • Computer resources: inappropriate use of BTL's computer equipment.
  • Financial solvency and accounting aspects of BTL: concealment of assets, as well as registration and systematic analysis of commercial and financial transactions that breach accounting regulations.
  • Anomalies in the origin and destination of capital: conducts that make internal policies to prevent money laundering ineffective, as well as the fraudulent obtaining, management, and use of public subsidies or grants;
  • Industrial property: use of trademarks and patents without proper license or authorization;
  • Confidentiality of information: any unauthorized use of non-public information from BTL or its users.

It is also possible, through the internal reporting channel, to disclose situations that constitute offenses, by the practice of act or omission, constituting crimes or administrative offenses, referring, namely, to the domains of:

  • Public procurement;
  • Services, products, and financial markets, and prevention of money laundering and the financing of terrorism;
  • Product safety and compliance;
  • Transport safety;
  • Environmental protection;
  • Protection against radiation and nuclear safety;
  • Food safety for human and animal consumption, animal health, and animal welfare;
  • Public health;
  • Consumer protection;
  • Protection of privacy and personal data, and network and information systems security;
  • Financial interests of the European Union;
  • Competition rules and state aid;
  • Violent crime.

The report must include information about criminal offenses, irregularities, or violations of the law within BTL and the whistleblower must have become aware of the offense in the context of their professional activity and their report is relevant to safeguard the public interest. The whistleblower must present clear evidence of their suspicions, exposing the facts and evidence of irregular and/or illicit appearances, based on serious grounds that they are true, demonstrating the truthfulness of the report on the principle of good faith.

If the fact reported to BTL is not within its competence, the report will be forwarded to the entity or authority competent in the matter.

When preparing your report, you should act in good faith, have serious grounds to believe that the information provided is true, have become aware of the offense in the context of your professional activity, and your report is relevant to safeguard the public interest. Therefore, the report must be made in a complete and substantiated manner, indicating, whenever possible, detailed information about the facts, the means of proof, the location where they occurred, justification of the reason for the report, and other relevant issues.

If you wish to make an anonymous report, you should take care not to provide elements that may allow your identification. We also warn that if you choose to make an anonymous report, you will not be provided with any information about it later.

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