News General Regime for the Protection of Whistle-blowers of Infractions 19/01/2022

On the 20th of December, Law 93/2021, of the 20th of December, was published, which establishes the General Regime for the Protection of Whistle-blowers of Infractions, thus transposing, three days after the end of the period provided for this purpose, the Directive ( EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report violations of Union law – also known as the Whistleblowing Directive.

This Law, which enters into force on 18 June 2022, is part of the National Anti-Corruption Strategy 2020-2024, approved by the Council of Ministers on 18 March 2021, and must be articulated, in particular, with the provisions in Decree-Law 190-E/2021, of 9 December, which creates the National Anti-Corruption Mechanism (MENAC) and establishes the General Regime for the Prevention of Corruption. Under the terms of the same, the published Law should not prejudice the application of whistle-blower protection regimes provided for in specific sectors (e.g. banking), but should be applied whenever it proves to be more favourable to the whistle-blower.

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