The General Regime for the Prevention of Corruption (RGPC) entered into force on November 25, 2024. By February 14, all legal persons employing 50 or more workers must register on the RGPC Platform. This is an essential tool to ensure compliance with Decreto-Lei n.º 109-E/2021, de 9 de dezembro. In fact, under Article 4 of the GDPR, its implementation is monitored by the National Anti-Corruption Mechanism (MENAC).
This new regulation aims to ensure and prevent corruption and ensure integrity and transparency in business and administrative practices in Portugal. Below, we explain the main steps to join the RGPC Platform.
What is the regulatory compliance program?
The regulatory compliance program is a set of procedures and controls that covered entities must implement to ensure compliance with the rules of the GDPR. This program aims to ensure that business and administrative practices are in compliance with legal requirements.
Abrangant entities
All legal persons headquartered in Portugal that employ 50 or more workers must register on the GCPG Platform, including:
- Legal persons with registered office in Portugal
- Branches in national territory of legal persons with head office abroad that employ 50 or more workers
- Services and legal persons of the direct and indirect administration of the State, the Autonomous Regions, local authorities and the public business sector
What should the regulatory compliance plan include?
If the company meets the requirements mentioned above, it must adopt a regulatory compliance program, in which it must have:
- Plan for the Prevention of Risks of Corruption and Related Infractions (PPR): issue guidelines and directives that must comply with the design and terms of implementation of regulatory compliance programs
- Code of Conduct
- In-house training program
- Designation of a regulatory compliance officer
Instructions for accessing the RGPC Platform
Entities that have already sent the documentation by email to MENAC must upload the latest versions in force of each document to the Platform of the General Regime for the Prevention of Corruption (RGPC).
And then click on "Esqueceu-se da palavra-passe“. Then you must enter the User. Your username corresponds to the NIF, and the Captcha code.
You will then receive a password recovery email (email registered with Social Security), please follow the instructions.
After accessing the Platform, complete all the required fields as requested and enter the respective documentation that requires regulatory compliance. After accessing the Platform, complete all the required fields as requested and enter the respective documentation that requires regulatory compliance.
Note: Entities that have already sent the documentation by email to MENAC must upload the latest versions in force of each document to the RGPC Platform.
Administrative offences applied
The failure to adopt or implement a regulatory compliance program constitutes an administrative offence that can be punished with a fine of up to €44.891,81.
Failure to submit all elements within the defined deadline of 14 February 2025 is punished with a fine of up to 25.000€.
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