The Portuguese Law No. 93/2021 of December 20th establishes the general regime for the protection of whistleblowers, transposing the Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who denounce violations of EU law (Whistleblowing Directive).
Under this law, and within the scope of the general regime for preventing corruption (Decree-Law No. 109-E/2021 of December 9th), Casfil provides an internal reporting channel that is safe, confidential, and with restricted access, independent and autonomous from the company's other communication channels, which serves to receive and follow up on the complaints provided for in the terms of those two legal diplomas.
The reporting channel is a mechanism for preventing, detecting and sanctioning acts of corruption and related offenses that have been committed, are being committed or whose commitment can reasonably be foreseen, as well as attempts to conceal them.
Complainants may be:
The company's reporting channel may be used by the following people, based on infringements obtained in the scope of their professional activity, regardless of the nature of the same:
- Volunteers and interns;
- Service providers, contractors, subcontractors and suppliers, as well as any other persons acting under their supervision and direction;
- Holders of shareholdings and persons belonging to an administrative or management body or a fiscal or supervisory body, including non-executive members;
- Person who has obtained information within the scope of a professional relationship that has since ended with the company, during the recruitment process or pre-contractual negotiation phase of a professional relationship established or not with the company.
Type of offenses covered by this reporting channel:
This channel is exclusively intended for the reporting of infringements set out in Law No. 93/2021 of December 20th, as well as Decree Law No. 109-A/2021 of December 9th, namely, relating to the following areas:
- Public procurement;
- Services, financial products and markets and prevention of money laundering and terrorist financing;
- Product safety and compliance;
- Transport security;
- Environmental protection;
- Radiation protection and nuclear safety;
- Food and feed safety, animal health and animal welfare;
- Public health;
- Consumer defense;
- Protection of privacy and personal data and security of the network and information systems;
- Competition rules and state aid.
Therefore, requests for information, complaints about a service or suggestions for improvement are excluded from this channel and should be presented through the other means provided by the company.
Casfil's whistleblowing channel allows the presentation of written complaints about the aforementioned domains, anonymously or with the whistleblower's identification, by registered letter, sent by postal mail (CTT), addressed in the following terms:
The entire process will be handled diligently and confidentially.
Upon receipt of the complaint, the complainant, if identified, is notified of its receipt within 7 days. If identified, he may be requested from the complainant, through notification, clarifications or additional information about the complaint presented. Within a maximum period of three months, or six months if the complexity of the complaint justifies it, the complainant is notified of the measures planned or adopted to follow up on the complaint.
Within 15 days after the completion of the process, if the complainant has requested it, the result of the analysis carried out will be communicated.
Processing of personal data and conservation of complaints and documents:
The identity of the complainant, as well as information that, directly or indirectly, allow deducing his identity are confidential and access is restricted to the persons responsible for receiving and following up on the complaint.
The communicated information will be used exclusively for the legal purposes of the reporting channel in strict compliance with the provisions of the general data protection regulation. The supporting documentation and data collected during the analysis and investigation will be archived with respect to their confidentiality and security, with access restricted to authorized persons. The record of complaints received will be kept for a period of 5 years and, regardless of that, during the pendency of judicial, administrative or disciplinary proceedings related to the complaint.