The National Anti-Corruption Mechanism (MENAC) has extended the deadline for covered entities to register and submit documents on the RGPC Platform until February 14th, 2025.

The Legal Framework for the Prevention of Corruption (RGPC), approved by Law n.º 93/2021, of December 20, aims to reinforce the prevention and fight against corruption, establishing a set of obligations for public and private entities. The aim is to create an environment of greater transparency and integrity, with specific measures for implementing prevention systems within organizations.

The enforcement of this regime is, under its Article 4, monitored by the National Anti-Corruption Mechanism (MENAC), which is responsible for, among other things, issuing guidelines and directives to be followed in the design and terms of execution of compliance programs; defining the planning of control and monitoring; and monitoring compliance with the rules established in the RGPC, without prejudice to the competence of other entities.

The covered private entities (legal persons with registered offices in Portugal that employ 50 or more workers, as well as branches in Portugal of legal persons with registered offices abroad that employ 50 or more workers) and the covered public entities (services and legal persons of the direct or indirect administration of the State and of the public business sector that employ 50 or more workers, independent administrative entities with regulatory functions and the Bank of Portugal) are obliged to adopt and implement a regulatory compliance program that includes at least a Risk Prevention Plan for corruption and related infractions (PPR), a code of conduct, a training program and a reporting channel, with the aim of preventing, detecting and sanctioning acts of corruption and related infractions.

Under the terms of number 9 of article 6 and number 8 of article 7, both of the RGPC, the presentation of such instruments for MENAC’s assessment must be carried out through the aforementioned RGPC Platform.

It should be noted, however, that these communications only apply to the covered public entities, and there are no references or mentions in this law to any similar obligation of communication to MENAC by the covered private entities, nor any infractions relating to the lack of registration or use of this platform by the covered private entities.

Nevertheless, MENAC has maintained that private entities covered by the RGPC must also register on the RGPC Platform and submit the documents in question, thus contributing to the fulfillment of its monitoring powers.

Despite the absence of an effective obligation by covered private entities to prove compliance with the regulations, without the need for any notification by MENAC, and therefore for registration and submission of documents on the RGPC Platform, we would like to emphasize that private entities may be requested to submit these same elements if MENAC so determines, within the scope of its monitoring powers. Private entities that have been notified by MENAC of the pre-registration form and questionnaire must also comply with this request and register on the RGPC Platform.