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Thematic areas
Fundamental Rights: Privacy | Data Protection
Consumer Law
Health Law
Digital Law
Artificial Intelligence
Intellectual Property
Legislation
Legislation
- Regulation (UE) 2016/679, de 27 de abril, General Data Protection Regulation (GDPR). https://eur-lex.europa.eu/legal-content/PT/TXT/?uri=celex%3A32016R0679
- Lei n.º 58/2019, de 8 de agosto: Ensure the implementation, in the national legal order, of Regulation (EU) 2016/679 of April 27. https://dre.pt/pesquisa/-/search/123815982/details/maximized
- Resolution of the Council of Ministers No. 92/2019 of June 5: Approves the National Cyberspace Security Strategy 2019-2023 .
Revoga a Resolução do Conselho de Ministros n.º 36/2015, de 12 de junho que aprovou a anterior Estratégia Nacional de Segurança do Ciberespaço.
Determines the preparation of an Action Plan for the National Cyberspace Security Strategy 2019-2023, to be approved within one hundred and twenty days after the entry into force of this resolution. It determines that the assumption of commitments for the execution of the National Cyberspace Security Strategy 2019-2023 depends on the existence of available funds by the competent public entities. https://dre.pt/home/-/dre/122498962/details/maximized - Law No. 46/2018 of August 13: Cyberspace Security Legal Regime.
Directive (EU) 2016/1148 of the European Parliament and of the Council of July 6, 2016, concerning measures aimed to ensure a high common level of security of network and information systems throughout the Union; https://dre.pt/home/-/dre/116029384/details/maximized - Resolution of the Council of Ministers No. 41/2018 of March 28: It defines technical guidelines for the Public Administration on the security architecture of networks and information systems relating to personal data. https://dre.pt/home/-/dre/114937034/details/maximized
- Implementing Regulation (EU) 2018/151 of January 30, 2018: Establishes implementing rules for Directive (EU) 2016/1148 of the European Parliament and of the Council with regard to the detailed specification of the elements to be taken into account by digital service providers when managing the risks posed to the security of networks and information systems, as well as the detailed specification of parameters to determine whether the impact of an incident is substantial.https://eur-lex.europa.eu/legal-content/PT/TXT/PDF/?uri=CELEX:32018R0151&from=EN
General Data Protection Regulation (GDPR)
- Decision on the contact tracing system STAYAWAY (06/29/2020)
- CNPD’s (National Centre for Data Protection) Deliberation regarding the COVID-19 Trace system (17/06/2020)
- End of suspension of administrative offence procedures (06/05/2020)
- Deliberation on the technological solution that allows the identification of the “occupancy rate of the beaches under greater pressure”(Smart Crowd) (06/03/2020)
- Guidelines on remote assessment in higher education institutions (05/22/2020)
- Guidelines for educational establishments regarding the measurement of students' body temperature (05/19/2020)
- Parliamentary request on CNPD guidelines on the measurement of workers' body temperature (05/13/2020)
- Guidelines No. 4/2020 on the use of location data and contact tracing tools in the context of the COVID-19 outbreak, approved by the European Data Protection Board (04/25/2020).
- Guidelines clarifying the conditions and principles for the proportionate use of location data and location tools, for two specific purposes:
- using location data to support the pandemic response by modelling the spread of the virus to assess the overall effectiveness of containment measures;
- contact tracing, which aims to notify individuals that they have been close to someone who has been confirmed as a carrier of the virus, in order to quickly break the chains of contamination.
- Guidelines on the collection of workers' health data (04/23/2020): It has been reported that employers, especially in preparation for the return to work, intend to collect and record body temperature data, as well as other information regarding alleged risk behaviours of their workers. Therefore, the CNPD considered it convenient to issue guidelines to ensure that workers' health information is treated with respect for the protection of personal data.
- Guidelines on disclosure of information related to infection by Covid-19 (04/22/2020): Complaints have come to the CNPD from citizens who, after the diagnosis of Covid-19, see their personal, identification and contact details, including children, exposed on the Internet by local authorities. Sometimes they do not expose the personal data of those infected, but provide information broken down by parish, allowing for easy identification of patients. Therefore, the CNPD considered it pertinent to issue guidelines to ensure that the publication of information regarding the pandemic respects the protection of personal data.
- Guidelines on remote control in telework regime (04/17/2020): In response to the multiple questions that have been posed related to the use of various software to control the work activity provided under a telework regime, and with the imposition, on the worker, of a permanent connection to the video camera, the CNPD considered it useful to clarify that the technological tools indicated are disproportionate, violating several data protection principles and that the labour standards regarding the inadmissibility of remote control of the worker's performance remain applicable.
- Use of technologies to support distance learning (04/09/2020): In the context of the Covid-19 pandemic, the use of electronic platforms to support non-face-to-face teaching proves to be a necessity. Therefore, the CNPD considered it opportune to issue guidelines for the different parties involved in the processing of personal data carried out in the use of technologies to support distance learning.
- Use of video surveillance and alarm systems by private security entities (02/04/2020): The state of emergency decreed did not change public attributions and powers, so the functions of control of entry and travel within the national territory remain centralized in national territory, with the Local Public Administration and private entities being prohibited from using means of capturing images and sound in the public space for this purpose.









