Whistleblower

In order to implement the WHISTLEBLOWING procedure, which is governed by Law 93/2021, it is important to define functional rules that allow whistleblowing channels to be set up in companies.

The act of whistleblowing is considered relevant in order to welcome behaviour aimed at sanctioning conduct considered illegal, fraudulent or corrupt, in an impartial and unbiased manner.

The creation of the Whistleblowing policy and procedure has the following main objectives:

• To define the guiding principles of the procedures for receiving, processing, recording and storing reports of irregular practices;
• To ensure that anonymous reports of irregularities can be accepted;
• To ensure that preventive measures are adopted to avoid incorrect or irregular acts.

Characteristics of the process implemented:

1 - Implement a secure whistleblowing channel that also protects anonymity.

2 - Ensure that all employees know how to report any irregularities they are aware of and that they are aware of the internal policy in this area, fully respecting the Code of Conduct.  

3 - Within ninety days, organisations must respond to and monitor the whistleblowing process. The process must be agile, clear and objective so that the whistleblower knows that the facts reported are being analysed and that the necessary steps are being taken to resolve them. Organisations must also keep their employees informed of the consequences of breaching the rules that give rise to the complaint, as well as of developments in the process.  

4 - Ensure that the organisations receiving the complaint have the means to protect the whistleblower who acts in "good faith", namely from retaliation such as dismissal, suspension, humiliation, intimidation or other sanctions such as being denied help or having negative performance evaluations without justification. The general procedure must therefore guarantee  

a) The creation and implementation of an external whistleblowing channel in companies to set up a mechanism for the submission and safe follow-up of complaints;

b) The completeness, integrity and preservation of complaints;

c) The confidentiality of the identity or anonymity of complainants, as well as the identity of third parties mentioned in the complaint;  

d) Preventing unauthorised access to the information in question;

e) Independence, impartiality, confidentiality, data protection, secrecy and the absence of conflicts of interest between the persons and departments designated to receive and process reports;

f) Immediate deletion of all personal data that is not relevant to the processing of the report. 

1 - COMPLAINTS

Complaints are submitted in writing by filling in the form available on the company's website or by email, anonymously or with identification of the complainant.  

The Company's Whistleblowing Channel can be used free of charge, 24 (twenty-four) hours a day, 7 (seven) days a week through the following contact channels:

Website: https://www.castelhana.pt/canal-de-denuncia

Email: florbelarocha@castelhana.pt | vascocleto@castelhana.pt

The whistleblower must fill in the form by computer, or in writing by sending the incident to the email florbelarocha@castelhana.pt | vascocleto@castelhana.pt, which is exclusively for receiving communications on this matter and is for the exclusive consultation of the persons responsible in this area. The form can be anonymised and the information that allows the identity of the whistleblower to be ascertained is restricted and reserved for those who receive and deal with the reports.

The person responsible for managing communication and information works in the management sector and has in-depth knowledge of the company's organisation and its values.

The identity of the whistleblower can only be disclosed:

• To fulfil a legal obligation or court order;
• After informing the whistleblower in writing of the reasons for disclosing the data, unless this communication jeopardises investigations or legal proceedings.

Whistleblower protection:

Whistleblowers who report or publicly disclose offences are guaranteed legal protection if they do so in good faith and have serious grounds for believing that the information they report is true. The law prohibits acts of retaliation against whistleblowers. Acts of retaliation are considered to be acts or omissions, including threats and attempted acts or omissions, which, directly or indirectly, in a professional context and motivated by the whistleblower's internal or external complaint or public disclosure of the offence, cause or may cause the whistleblower, in an unjustified manner, pecuniary or moral damage.

Liability of the whistleblower:

• The reporting or public disclosure of an offence, made in accordance with the requirements of this law, does not in itself constitute grounds for disciplinary, civil, misdemeanour or criminal liability of the whistleblower.
• Without prejudice to the secrecy regimes safeguarded by the provisions of Article 3(3), the whistleblower who reports or publicly discloses an offence in accordance with the requirements imposed by this law is not liable for the violation of any restrictions on the communication or disclosure of information contained in the report or public disclosure.
• The whistleblower who reports or publicly discloses an offence in accordance with the requirements imposed by this law is not liable for obtaining or accessing the information that motivated the report or public disclosure, except in cases where obtaining or accessing the information constitutes a criminal offence.
• The provisions of the previous points are without prejudice to the possible liability of whistleblowers for acts or omissions unrelated to the report or public disclosure, or which are not necessary for the report or public disclosure of an offence under this law.

2 - TREATMENT OF THE COMPLAINT

Once the complaint has been received, it is necessary to proceed to the investigation phase, and there is a procedure for following up the complaint.  

The person in charge of this circuit analyses the content of the complaint and the accompanying documents, and has the autonomy to request the documents and information she deems necessary from the organisation in order to carry out this analysis fully and completely.

 After analysing the report, the person in charge must draw up a report describing the actions taken and the conclusions reached, keeping the report exclusively for themselves and ensuring that no third party has access to it, either on paper (when printed) or in computerised form.  

The people in charge of managing this procedure also manage the email dedicated to this subject.

The essential stages of this circuit are as follows:  

Registration: the whistleblower registers their complaint on a form accessible on the company's website, or alternatively by sending the information to florbelarocha@castelhana.pt | vascocleto@castelhana.pt.  

Analysing and processing: The complaints received are entered into a computer folder reserved in the system, as well as into a document folder with reserved access, followed by the respective workflow, analysis and conclusions.  

Conclusion and Filing: The people with the authority to do so analyse and document the conclusion of the complaint via an email addressed exclusively to the complainant.  

3 - COMPLETION OF THE PROCEDURE

The whistleblower is informed at any time during the process of the status of the steps taken and is notified of the decision taken up to 90 days after receipt of the complaint by email florbelarocha@castelhana.pt | vascocleto@castelhana.pt.

The fines for non-compliance with the Whistleblower Protection Act are divided into very serious and serious sanctions.

Preventing the submission or follow-up of a complaint constitutes a very serious offence punishable by a fine of between 1,000 euros and 25,000 euros if the perpetrator is a natural person, or between 10,000 euros and 250,000 euros if the perpetrator is a legal person.

Not having an external reporting channel, or offering such a channel without the necessary guarantees, constitutes a serious administrative offence punishable by a fine of between 500 and 12,500 euros if the agent is a natural person, or between 1,000 and 125,000 euros if the agent is a legal person.  

Castelhana, in close connection with its vision and mission, undertakes to conduct its business in accordance with the principles of:  

Integrity and absolute transparency in the conduct of business.  

Unity and respect in relations with clients, partners and suppliers.  

Efficiency in planning and execution processes.  

Initiative and pro-activity in all situations, product and service quality and commitment to the client.    

Because social and legal dynamics evolve, this document has the same character and will be amended whenever appropriate. Its first version will be formalised on 07 July 2023, and the entire team will be informed of it by appropriate means.