Portugal law permits all Portuguese citizens to report frauds against the U.S. Government under the False Claims Act, or violations of the provisions of the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act.
What disclosures are currently protected?
Portugal currently has no stand alone whistleblower law. There are provisions that can provide some relief in the following laws: Law 19/2008, Law 25/2008, Law 59/2008, Law 83/2017, and the Decree-Law 298/92. However, there are no reward provisions for successful whistleblowers in Portuguese law and no centralized government whistleblower program. Therefore, where possible, whistleblowers may be better off reporting to U.S. regulators, at least until the transposition of the Whistleblower Directive is complete.
Can Portuguese whistleblowers receive rewards?
There is no law in Portugal providing whistleblowers rewards, however, they may receive rewards through U.S. laws
Recent updates and future legislative developments
Portugal is currently in the process of transposing the EU Whistleblower Directive and just closed its public comment period for its new proposed national anti-corruption strategy. Although a public consultation is a good sign for legislative development, the current proposal was criticized by Transparency International in their submission.
Can/should Portuguese whistleblowers report to U.S. officials?
No law in Portugal currently prohibits Portuguese citizens from reporting frauds against the U.S. government under the False Claims Act, or violations of provisions of other statutes including the Securities & Exchange Act, Foreign Corrupt Practice Act, or Commodities Exchange Act. Therefore, Portuguese whistleblowers can and should report relevant violations to U.S. officials under these laws.