GDPR

I. Introduction

On June 20, 2018, Portugal adopted Portuguese Law No. 58/2019 on the protection of personal data, in order to implement the General Data Protection Regulation (GDPR). This law revises and consolidates the 1978 Data Protection Act. The National Commission for Information Technology and Civil Liberties (CNPD), as the national supervisory authority, is responsible for overseeing, guiding, and enforcing the GDPR and its implementing regulations in Portugal. Thus, Portugal has established a personal data protection system that complies with European Union requirements.

II. Scope

The GDPR regulations apply in Portugal:

to any data controller or subcontractor established in Portuguese territory;
to any organization located outside of Portugal offering goods or services to people located in Portugal, or monitoring their behavior on Portuguese territory.

Regardless of where the processing takes place, as long as it concerns the personal data of individuals located in Portugal, the law applies. It covers both automated and non-automated processing that is part of a file system. Activities of an exclusively personal or domestic nature are not covered by its scope.

III. Principles of Data Processing

Lawfulness, fairness and transparency: All processing must have a clear legal basis and be conducted transparently.
Limitation of purposes: Data may only be used for specific and legitimate purposes.
Data minimization: Only strictly necessary data should be collected.
Accuracy: The data must be accurate and updated regularly.
Limitation of retention: Data should only be kept for the time strictly necessary, then deleted or anonymized.
Security and confidentiality: Appropriate technical and organizational measures must be put in place to prevent any breach, alteration or loss of data.

IV. Rights of the persons concerned

In accordance with the GDPR and Portuguese law, natural persons have the following rights:

Right to information and access;
Right of rectification;
Right to erasure (right to be forgotten);
Right to restriction of processing;
Right to data portability;
Right to object.

For minors under 15 years of age, the processing of their data requires the consent of a parent or legal guardian, and the information must be provided to them in clear and understandable language.

V. Obligations of subcontractors

Subcontractors must:

strictly comply with the written instructions of the data controller;
implement appropriate security measures;
assist the data controller in the performance of his obligations, in particular to respond to requests from data subjects;
notify the data controller without delay of any data breach, who must inform the CNPD within 72 hours.

Data controllers must maintain a record of processing activities and conduct a data protection impact assessment (DPIA) in cases of high risk. Some organizations must also appoint a data protection officer (DPO) and register with the CNPD (Portuguese Data Protection Authority).

VI. International Data Transfers

When a transfer to a non-EU country is envisaged, the data controller must ensure an adequate level of protection. This can be achieved by:

an adequacy decision by the European Commission;
or the signing of the Standard Contractual Clauses (SCC).

Since the invalidation of the "Privacy Shield" on July 16, 2020, Portuguese companies must use the new standard contractual clauses adopted on June 4, 2021 or any other legal mechanism.

VII. Monitoring and Implementation

The CNPD has broad powers, including:

drafting warnings or formal notices;
restrict or prohibit certain treatments;
Impose fines of up to 20 million euros or 4% of global turnover, whichever is higher.

Portuguese law also allows individuals to provide instructions regarding the use of their data after their death. Otherwise, the processing must comply with applicable regulations. The Portuguese GDPR framework aims to guarantee the rights of individuals, strengthen business compliance, and promote trust in the digital environment.