In recent years, the prevention of corruption has taken a central place in the regulatory framework applicable to companies in Portugal. With the entry into force of the General Regime for the Prevention of Corruption (RGPC), many organisations have become obliged to implement internal prevention and control mechanisms designed to identify and mitigate corruption risks. Failure to comply with these obligations may give rise to administrative liability for the entities concerned, reinforcing the importance of effective compliance programmes that are tailored to the specific reality of each organisation.

The prevention of corruption has become, in recent years, a central priority of European and national legislative policy. In Portugal, this movement was given effect by the approval of Decree-Law No 109-E/2021 of 9 December, which created the “National Anti-Corruption Mechanism (MENAC)” and established the General Regime for the Prevention of Corruption (RGPC).

The RGPC introduced a new framework of liability for many organisations in Portugal, reinforcing the importance of internal prevention and control systems and representing a significant change in the way the legislator addresses the phenomenon of corruption in the business context. Rather than relying exclusively on repressive mechanisms, the RGPC seeks to act upstream of the risk by requiring organisations to adopt internal prevention and control systems. For many companies, this constitutes a structural change: the prevention of corruption ceases to be merely a reputational or ethical concern and becomes a legal obligation whose breach may generate administrative liability.

The regime presupposes that the mechanisms are effectively implemented, monitored and periodically updated, in a manner proportionate to the size and activity of the organisation.

Compliance with these obligations is supervised by the National Anti-Corruption Mechanism (MENAC), an independent administrative body created specifically to ensure the application of the regime. Among its competences are the monitoring of compliance with legal obligations, the issuance of guidelines and recommendations, and, in the event of non-compliance, the initiation of administrative offence proceedings. This model aligns the Portuguese system with international trends in compliance matters, in which specialised administrative authorities play an active role in supervising the internal prevention mechanisms adopted by organisations.

In addition to the sanctioning dimension, it is also important to consider the reputational impact that may result from the opening of proceedings for failure to comply with corruption prevention obligations.

More than a mere sanctioning regime, the RGPC reflects a broader transformation in the way organisational responsibility for preventing unlawful practices is conceived.

The implementation of effective compliance programmes has become a central element of good corporate governance, aligned with international standards and with the growing regulatory demands in matters of integrity and transparency.

In this context, the adoption of internal corruption prevention mechanisms should be viewed not merely as a legal obligation but also as an opportunity to strengthen internal control systems and to promote an organisational culture based on principles of integrity.

For many companies, the principal challenge lies not only in the initial creation of the instruments required by the RGPC but, above all, in their adaptation to the concrete reality of the organisation. Overly generic risk prevention plans, merely formal codes of conduct, or whistleblowing channels that do not guarantee confidentiality may prove insufficient in the face of the regime’s requirements.

For this reason, it is advisable for the entities covered to carry out a periodic evaluation of their compliance systems, ensuring that they genuinely reflect the risks inherent in their activity and organisational structure. Recent experience demonstrates that the effectiveness of prevention programmes depends, to a large extent, on their integration into the organisation’s day-to-day practice and on the effective involvement of the board and senior management.

In an increasingly demanding regulatory context, the implementation of robust compliance programmes constitutes an essential factor in mitigating legal and reputacional risk.

All this information may be consulted here: https://european-union.europa.eu/institutions-law-budget/law/find-legislation_pt