Module Learning Objective

identify the information needed to assess whether the RGPC applies

1. Regulatory Concept & Core Standards

Today we will learn to identify the information needed to assess whether the RGPC applies. Throughout the video, consider the difference between knowing a rule and applying it to a decision. We will work through an example, identify a possible failure and develop a response that can be used at work. The General Regime for the Prevention of Corruption, abbreviated as RGPC, structures prevention in covered entities. This course helps each person recognise risks and understand how organisational instruments relate to decisions at work.

Article 2 of the RGPC generally covers legal entities headquartered in Portugal and Portuguese branches of foreign entities employing 50 or more workers. It also addresses public entities and specific cases, including regulators and Banco de Portugal. Public entities below the threshold are not simply free of duties. They must adopt instruments appropriate to their size and nature. Assess the scope of reporting-channel obligations separately.

National rule: The general internal-channel obligation applies to legal entities with 50 or more workers and certain regulated entities regardless of headcount. The law has specific rules for public entities, resource sharing and branches. Assess the RGPC's scope separately.

2. Practical Implementation & Procedure

Create a record of legal form, location, headcount and any special regime. Consult the applicable article and record the conclusion and assessment date. Do not automatically count all group workers as one legal entity. Law No 93/2021 contains sectoral and local-authority rules requiring additional checks. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

A fictional company has eighty workers. An association has thirty and a public body has twenty. The first meets the general size threshold described. For the others, the assessment does not end with the headcount: the sector, public status and specific prevention and reporting-channel obligations must also be examined. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Can an organisation conclude that it has no prevention duties simply because it has fewer than fifty workers? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

No. Headcount is one part of the assessment, but cannot replace checking the entity's nature and specific regimes. Distinguish full application of the RGPC, proportionate instruments and the obligation to establish a reporting channel.

One mistake to avoid is: using the fifty-worker threshold as a universal answer across different legal regimes.

A subsidiary copies its foreign head office's policy without assessing its own activities and size. What must it check?

Identify the local legal entity, sector, national counting method and any public-sector or territorial regimes. Then link each obligation to a source and a responsible person. A group model can support operations but does not replace this assessment.

National Legal Framework: Lei n.º 93/2021 & RGPC (DL 109-E/2021), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.