Dan Ostergaard · Co-founder, Trusty · Former Novartis Global Head of Compliance · Founder of PolicyStore
Objectives of the RGPC
Ensure transparency and integrity in organizational operations, protecting reputations and aligning businesses with legal standards.
✔ Prevent: Reduce corruption risks through effective preventive measures.
✔ Detect: Implement mechanisms to quickly identify violations.
✔ Correct: Apply corrective actions to safeguard organizational integrity.
Companies with 50 or more employees can set up whistleblower software from Trusty in minutes, from €49 a month.
Legal requirements of the RGPC
✔ Corruption and Related Offenses Risk Prevention Plan (PPR): Identifies and manages specific corruption risks.
✔ Code of Conduct: Establishes ethical rules and sanctions for non-compliance.
✔ Whistleblower Channels: Confidential and secure, in compliance with Law No. 93/2021.
✔ Training Program: Mandatory for executives and employees.
📣🛡️ With our Trusty Compliance App you can Instantly implement the required compliance programs (PPR, Code of Conduct, Whistleblowing, Training) to meet MENAC requirements and avoid fines. 🔗 Contact us now for an immediate consultation
National anti-corruption mechanism (MENAC)
The MENAC is responsible for overseeing and ensuring compliance with the RGPC in Portugal. Established by Decree-Law No. 109-E/2021, it promotes integrity and transparency across public and private organizations.
RGPC/MENAC Digital Platform: The MENAC platform is the official channel for submitting and monitoring RGPC obligations.
✔ Simplifies registration for entities covered by the RGPC.
✔ Enables submission of the Corruption Risk Prevention Plan (PPR) and other required documents.
✔ Ensures transparent and efficient communication between organizations and MENAC.
Consequences of non-compliance
✔ Heavy Fines: Up to €44,891.81 depending on the severity of violations.
✔ Reputational Damage: Loss of trust from partners, clients, and investors.
✔ Personal Liability: Managers and executives may be held accountable.
✔ Loss of Public Contracts: Ineligibility for government tenders.
✔ Frequent Audits: Increased risk of inspections and investigations.
🛑 Compliance Deadline: Organizations must register on the RGPC/MENAC Platform and submit the required documents by February 14, 2025.
Steps to comply with the RGPC:
Step 1: Does the RGPC Apply to Your Organization?
✔ Companies with 50+ employees are covered.
✔ Branches in Portugal of foreign entities with 50+ employees must comply.
✔ Applies to public, private, and government organizations.
Step 2: Do You Have a Compliance Program in Place?
Your Compliance Program (PCN) must include:
✔ Risk Prevention Plan (PPR): Identifies and mitigates corruption risks.
✔ Code of Conduct: Defines ethical principles and penalties for violations.
✔ Whistleblowing Channels: Secure internal and external reporting mechanisms.
✔ Training Program: Ensures employees and management understand compliance obligations.
Step 3: Is Your Corruption Risk Prevention Plan (PPR) Active and Updated?
✔ Does it identify specific risks in your organization?
✔ Does it include preventive and corrective measures?
✔ Is it reviewed every three years or after major organizational changes?
Step 4: Is Your Code of Conduct Accessible and Communicated?
✔ Clearly outlines ethical principles and disciplinary consequences.
✔ Distributed to all employees (via email, intranet, etc.).
Step 5: Do You Have Secure Whistleblowing Channels?
✔ Confidential and secure reporting mechanisms (internal and external).
✔ Whistleblowers’ identities are protected in compliance with Law No. 93/2021.
✔ Clear reporting procedures are in place and easily accessible.
Step 6: Do You Conduct Regular RGPC Training?
✔ Training is provided for all employees, including executives.
✔ Content is tailored to specific risk exposure levels.
✔ Training sessions are documented and tracked.
Step 7: Do You Monitor the Effectiveness of Your Compliance Program?
✔ Conduct internal audits to assess RGPC compliance.
✔ Prepare regular reports on the implementation of preventive measures.
✔ Improve processes based on audit findings.
Step 8: Have You Appointed a Compliance Officer (RCN)?
✔ The Compliance Officer (RCN) is formally designated and has decision-making authority.
✔ Has the resources needed to enforce compliance.
✔ Responsibilities are clearly defined and recognized within the organization.
Instantly comply with the RGPC
📣🛡️ With our Trusty Compliance App you can Instantly implement the required compliance programs (PPR, Code of Conduct, Whistleblowing, Training) to meet MENAC requirements and avoid fines. Contact usact us now for an immediate consultation.
✔ Supply Chain Monitor: Screens suppliers against sanction lists, watchlists, and adverse media, ensuring risk management and due diligence compliance.
✔ Compliance App: Distributes compliance policies on anti-corruption, whistleblower protection, fair competition, and more, with real-time use tracking.
✔ AI Learning: Provides the mandatory training on corruption prevention, with certification and tracking for compliance reporting.
✔ Whistleblowing Software: Sets up a secure, encrypted reporting channel in minutes, fully complying with Law No. 93/2021.
Frequently asked questions
Public bodies and private companies with 50 or more employees, including branches in Portugal of foreign entities with 50 or more employees.
A corruption risk prevention plan (PPR), a code of conduct, secure internal and external whistleblowing channels compliant with Law 93/2021, and a training programme for executives and employees.
The National Anti-Corruption Mechanism (MENAC), created by Decree-Law 109-E/2021, through its digital platform where covered entities register and submit their plan and documents.
Fines of up to 44,891.81 euros depending on severity, personal liability for managers, ineligibility for public tenders, more frequent audits and reputational damage.
Related reading: how the Whistleblowing Directive was transposed across the EU, and the Compliance App for the plan, code of conduct and training the RGPC requires.
POLICIES, TRAININGS AND HOTLINE
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