ERSE provides an Internal and External Whistleblowing Channel, as well as establishing adequate protection for whistleblowers, under the terms of Law n.º 93/2021, of 20 December, which establishes the general regime for the protection of whistleblowers of infringements specifically covered by this law.

Whistleblowers can report offences that have been committed, are being committed or can reasonably be expected to be committed, as well as attempts to conceal such offences.

The following may be considered whistleblowers: a) workers; b) volunteers and trainees, whether paid or unpaid; c) service providers, contractors, subcontractors and suppliers, as well as any persons acting under their supervision and direction; and d) holders of shareholdings and persons belonging to the administrative or management bodies or to the supervisory bodies of legal persons. Employees are guaranteed the right to consult their representatives or trade unions and the protection rules associated with exercising this right.

The whistleblower benefits from the protection afforded by Law n.º. 93/2021, of 20 December, when, in good faith and with serious grounds for believing that the information is, at the time of the complaint or public disclosure, true, they report or publicly disclose an offence, through the means of reporting made available, in accordance with the precedence legally provided for in Article 7.

The identity of the whistleblower, as well as any information that directly or indirectly makes it possible to deduce their identity, is confidential and restricted to those responsible for receiving or following up on complaints. ERSE provides confidential counselling for people considering submitting a complaint, through the contact details indicated.

The processing of personal data, including the exchange or transmission of personal data by the competent authorities, complies with the provisions of the General Data Protection Regulation and other related legislation on the processing of personal data. For more information, see ERSE's Privacy Policy.
Complaints received will be registered and kept for at least five years and, regardless of this period, during the pendency of judicial or administrative proceedings relating to the complaint. In this way, complaints submitted verbally, via a recorded telephone line or other recorded voice message system, will be recorded, with the complainant's consent, by recording the communication on a durable and retrievable medium or by a complete and accurate transcription of the communication.

ERSE will notify the complainant within seven days of receipt of the complaint, as well as informing them of the requirements, form and admissibility of the complaint. ERSE may also ask the complainant to clarify the complaint or provide additional information.

Following the complaint, ERSE will take the appropriate steps to verify the allegations contained therein, and may offer the complainant time to respond. At the end of three months, or six months when the complexity of the complaint justifies it in the case of an external complaint, ERSE will inform the complainant of the measures planned or adopted to follow up the complaint and the respective grounds, and the complainant will be given the opportunity to request, at any time, that the outcome and corresponding conclusion of the complaint be communicated to them. A report will be drawn up for each complaint, in accordance with the law.
Acts of retaliation against the whistleblower are prohibited, which is considered to be any act or omission that, directly or indirectly, occurring in a professional context and motivated by an internal or external complaint or public disclosure, causes or may cause the whistleblower, in an unjustified manner, pecuniary or non-pecuniary damage. The law provides for a series of situations which, up to two years after the complaint or public disclosure, are presumed to be retaliation.

Whistleblowers are generally entitled to legal protection and can benefit from witness protection measures in criminal proceedings. Whistleblowers enjoy all the guarantees of access to the courts for the defence of their legally protected rights and interests.

The reporting or public disclosure of an offence, made in accordance with the requirements imposed by Law n.º 93/2021, does not in itself constitute grounds for disciplinary, civil, misdemeanour or criminal liability of the whistleblower. The whistleblower who reports or publicly discloses an offence in accordance with the legally imposed requirements: (i) is not liable for violating any restrictions on the communication or disclosure of information contained in the report or public disclosure, without prejudice to Article 3(3) (ii) is not responsible for obtaining or accessing the information that prompted the report or public disclosure, except in cases where the whistleblower is not responsible for any restrictions on the communication or disclosure of information contained in the report or public disclosure.