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Portugal: Parliament approves whistleblowing draft law

The Portuguese Parliament approved, on 26 November 2021, draft Law no. 91/XIV of 2021 ('the Law'), by way of a majority vote. In particular, the draft law transposes the Directive on the Protection of Persons who Report Breaches of Union Law (Directive (EU) 2019/1937) ('the Whistleblowing Directive'), which must be fully implemented by Member States by 17 December 2021, into national law. Additionally, the draft law confers protection to the whistleblower who, in good faith, and having serious grounds to believe that the information is true, denounces or publicly discloses an offence under the terms established. Furthermore, the draft law also establishes a requirement for the creation and operation of institutional whistleblowing channels and the prohibition of any form of retaliation, accompanied by the establishment of protective and supportive measures for whistleblowers.

Notably, after the draft law had been approved by parliament, the final draft of the draft law was submitted on 30 November 2021. The draft law will come into force six months after its publication in the Official Gazette.

You can view the status of the draft law here and the final draft here, both only available in Portuguese.

UPDATE (20 December 2021)

Parliament publishes whistleblowing law in Official Gazette

The Portuguese Parliament has announced that the whistleblowing law has been published in the Official Gazette.

You can find the published whistleblowing law here.

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