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External reporting channel

Law

01.09.2023

​​This is a secure channel that can be used by anyone, exclusively to report possible infractions, whether by action or omission, attributable to people who work at or provide services for Turismo de Portugal IP, regardless of their connection to the company and their hierarchical position, as per law no. 93/2021 of 20 December. ​

In this context, this channel is not intended for:
- complaints about the provision of services by travel and tourism agencies, tourist entertainment companies/maritime tour operators, tourist enterprises and local accommodation establishments. For such complaints, please use the form available at http://www.livroreclamacoes.pt/ ​
- activation of the Travel and Tourism Guarantee Fund (FGVT) or intervention by the Arbitration Committee that assesses requests for the possible activation of the FGVT, in which case the forms available on Fundo de Garantia de Viagens ​e Turismo page should be used. 

​​​Turismo de Portugal external reporting channel, which is independent and separate from all other communication channels, makes it possible to receive and follow up on reports concerning infractions committed, being committed, or the occurrence of which can be reasonably predicted. It also covers attempts to conceal infractions, as contained within either Decree Law no. 109-E/2021, of 9 December, which created the National Anti-Corruption Mechanism, establishing the general corruption prevention regime, or in Law no. 93/2021, of 20 December, establishing the Protection of Whistleblowers Regime (RGPDI).

// The following shall be considered infractions
a) Any act or omission contrary to rules contained in the European Union acts referred to in the annexe to Directive (EU) 2019/1937​, of the European Parliament and of the Council, to national rules that implement, transpose or comply with such acts or any other rules contained in legislative acts that implement or transpose them, including any that provide for crimes or administrative offences relating to the following areas:
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) Any act or omission contrary and harmful to the financial interests of the European Union, as referred to in Article 325 of the Treaty on the Functioning of the European Union (TFEU), as specified in the applicable European Union measures;
c) Any act or omission contrary to the internal market rules, as referred to in article 26(2) of the TFEU, including rules on competition and state aid, and the rules on corporate taxation;
d) Any violent crime, especially violent and highly organised crime, as well as the crimes provided for in article 1(1) of Law no. 5/2002, of 11 January​, which establishes measures to combat organised and economic/financial crime; and​
e) Any act or omission that goes against the purpose of the rules or standards covered by subparagraphs a) to c).
 
// The following shall be considered related offences and corruption
a)  the crime of corruption;
b)  the crime of providing or making use of an undue advantage;
c)  the crime of embezzlement;
d)  the crime of graft;
e)  the crime of extortion by a public official;
f)   the crime of abuse of power;
g)  the crime of malfeasance;
h)  the crime of influence peddling;
i)   the crime of money laundering;
j)   the crime of fraud in obtaining a subsidy or grant;
k)  the crime of embezzlement of a subsidy, grant-in-aid or subsidised credit.
 
Particular note should be taken of the fact that any complaint received through the Reporting Channel that does not fit any of the infractions identified above will be archived by Turismo de Portugal, I.P.

Any natural person who reports or publicly discloses an infraction based on information obtained as part of their professional operations, regardless of the nature of such operations and the sector in which they are carried out, shall be considered a whistleblower.

The purpose of the external reporting channel is to receive reports from stakeholders other than Turismo de Portugal, I.P. employees, except in situations where:
- No internal reporting channel exists;
- The employee has reasonable grounds to believe that the infraction cannot be effectively addressed or resolved internally, or there is a risk of retaliation;
- The employee initially filed an internal report and was not informed of the measures planned for or adopted following the report within the deadlines set out in article 11, or
- The infraction constitutes a crime or administrative offence punishable by a fine exceeding €50,000.00.​


Mandatory information (article 16 of law no. 93/2021, of 20 December)

I. Conditions for the protection of whistleblowers

​Whistleblowers who report or publicly disclose an infraction per the terms established in chapter II, in good faith and believing on reasonable grounds that the information is true at the time of the report or public disclosure, shall benefit from the protection provided by the RGPDI.

Any whistleblower who submits an anonymous report and is subsequently identified shall benefit from the protection afforded by the RGPDI, as long as they meet the conditions set out in the previous paragraph.

Any whistleblower who submits an external report that does not comply with the rules of precedence provided for in subparagraphs a) to e) of article 7(2) of the RGPDI, and set out in the following point, shall benefit from the protection provided by the RGPDI if, through no fault of their own, they were ignorant of said rules when the report was submitted.

The protection provided by the RGPDI can be extended, with adaptations as necessary, to:
a) Any natural person who confidentially assists the whistleblower in the reporting procedure, including union or worker representatives;
b) Any third party linked to the whistleblower, specifically a work colleague or family member, who may face professional retaliation; and
c) Legal persons or similar entities owned or controlled by the whistleblower, for which the whistleblower works, or with which they have any professional connection.

Any whistleblower who files a report of an infraction with the relevant European Union institutions, bodies or agencies shall benefit from the protection provided in the RGPDI under the same conditions as a whistleblower who files an external complaint.

II. Procedures applicable to reporting infractions and types of measures that can be taken to follow them up

The external reporting channel ensures the thoroughness, integrity and confidentiality of reports, allowing them to be stored and preventing access to unauthorised parties.

Reports received will be recorded and kept for a period of five years and, regardless of this period, for the duration of judicial or administrative proceedings relating to the report. As such, complaints presented verbally, via a recorded voice message by means of the uploading of an audio file, are stored via a medium that is both durable and retrievable.

Reports will be archived and will no longer be followed up on when: 
- The reported infraction is of a minor, insignificant or clearly irrelevant severity; 
- The report is filed a second time and does not contain new factual or legal elements that justify a different follow-up to that provided for the first report; 
- The report is anonymous and does not reveal any evidence of infraction.

Turismo de Portugal, I.P. will notify the whistleblower that they have received the report within seven days unless the whistleblower expressly requests otherwise or there are reasonable grounds to believe that the notification may compromise the protection of the whistleblower's identity. 

Turismo de Portugal, I.P. may also ask the whistleblower to clarify any aspects of the report presented or provide additional information via the whistleblower's preferred means, as indicated within the scope of the report.

Following the report, Turismo de Portugal, I.P. will take all appropriate steps to verify the allegations presented, and may provide a deadline within which the subject of the report may provide a response. After three months - or six months, should the complexity of the report justify as much - Turismo de Portugal, I.P. will inform the whistleblower of the measures planned or adopted to follow up on the report and the respective reasoning. The subject of the report may, at any time, request that the result and corresponding conclusion of the report be communicated to them within 15 days of the respective conclusion.

III. Confidentiality

The identity of the whistleblower, as well as information that allows their identity to be deduced, whether directly or indirectly, is confidential in nature and access is restricted to those responsible for receiving and following up on reports.

The processing of personal data, including the interconnection or transmission of personal data by competent authorities, complies with the provisions of the General Data Protection Regulation, and other legislation relating to the processing of personal data. For more information, see Turismo de Portugal, I.P.’s Personal Data Processing Policy​. ​

IV. Prohibition of retaliation and whistleblower protection

Acts of retaliation against whistleblowers are strictly prohibited. Acts of retaliation or omission are those that take place in a professional context and are motivated by an internal or external report or public disclosure, and causes or may cause the whistleblower unjustified material or non-material damage, whether directly or indirectly. The law provides for a set of circumstances that are presumed to be retaliation and may take place up to two years after the report or public disclosure (article 21(6) of law no. 93/2021, of 20 December).

Whistleblowers are generally entitled to legal protection and can benefit from measures implemented to protect witnesses in criminal proceedings and are guaranteed access to the courts for the purposes of defending their legally protected rights and interests.

V. Provision of confidential advice​

Turismo de Portugal, I.P. provides confidential advice for people considering filing a report, via the contact details indicated.

VI. Whistleblower's liability

The reporting or public disclosure of an infraction, when filed in accordance with the requirements of law no. 93/2021, of 20 December, does not, in itself, constitute a basis for the disciplinary, civil, administrative or criminal liability of the whistleblower.

Any whistleblower who reports or publicly discloses an infraction per the legally imposed requirements: (i) shall not be held liable for the violation of any restrictions on the communication or disclosure of information contained within the report or public disclosure, without prejudice to article 3(3); (ii) shall not be held liable for obtaining or accessing the information that motivates the report or public disclosure, except in cases where obtaining or accessing the information constitutes a crime. 

The provisions of the previous paragraphs do not affect the possible liability of whistleblowers for acts or omissions unrelated to the report or public disclosure, or that are not necessary for the reporting or public disclosure of an infraction per the terms of this law.
 
VII. Submission of reports

In writing, via a Form or v​erbally, via a Form with the uploading of an audio file.​​


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