PORTUGAL LAW AND PRACTICE Contributed by: Joana Torres Fernandes, José Manuel Pereira da Costa, Danielle Avidago, Javier Mateo, António Pratas Nunes, Joana Loureiro Veríssimo, Madalena Mourão and David Serras Pereira, LVP Advogados
against online infringement. For online businesses, music, audiovisual content, software and platform- based services, rights clearance and evidence of the chain of title are often as important as enforcement itself. 7.5 Others Software Computer programs are protected in Portugal primar - ily by copyright, under specific software legislation and the general copyright framework. Protection cov - ers the expression of the program, including source code and object code, but not the underlying ideas, principles, algorithms or functionalities as such. Pat - ent protection for software-related inventions may be available only where the invention has the required technical character and meets the general patentabil - ity criteria. In commercial practice, software protection usually depends on a combination of copyright, confidential - ity, trade secret protection, licensing terms, escrow arrangements, access controls and careful treatment of open-source components. Development agree - ments should clearly regulate ownership, third-party materials, repositories, documentation, maintenance, cybersecurity, audit rights and permitted use. Databases Databases may be protected by copyright if the selec - tion or arrangement of their contents is original. Sepa - rately, a sui generis database right may protect the maker of a database where there has been substan- tial investment in obtaining, verifying or presenting its contents. This is particularly relevant for data-driven businesses, platforms, directories, catalogues and digital services. The practical value of database protection depends heavily on evidence. Businesses should document the investment made in collecting, verifying and maintain - ing data, restrict unauthorised extraction or re-utilisa - tion through contractual terms, and implement techni - cal controls where appropriate. Trade Secrets and Confidential Information Trade secrets are protected where information is secret, has commercial value because it is secret, and
has been subject to reasonable steps to keep it con - fidential. This may include technical know-how, busi - ness plans, customer lists, pricing models, algorithms, manufacturing processes, financial information and strategic data. Protection does not require registra - tion, but it does require active internal management. Companies doing business in Portugal should use non-disclosure agreements, confidentiality clauses, internal access controls, employee policies, clean- room procedures where needed and clear rules for contractors and consultants. Remedies for unlawful acquisition, use or disclosure may include injunctions, corrective measures, damages and restrictions on the use or dissemination of the trade secret. Other Rights and Practical Considerations Other protected subject matter may include domain names, geographical indications, appellations of ori - gin, semiconductor topographies, plant varieties and unfair competition claims. In practice, IP protection in Portugal should be treated as a portfolio exercise. Businesses should combine registrations, contracts, internal policies, monitoring and enforcement plan - ning, rather than relying on a single right. The main data protection framework applicable in Portugal is the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), together with Law No 58/2019 of 8 August, which implements and sup - plements the GDPR at national level. Law No 58/2019 also identifies the Portuguese supervisory authority and contains certain national rules on matters such as processing in an employment context, processing by public entities, video surveillance, secrecy obligations and sanctions. Portuguese data protection law follows the core GDPR principles: lawfulness, fairness and transpar - ency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and accountability. In practice, organisations doing busi - ness in Portugal must be able to demonstrate that personal data is collected and used on a valid legal 8. Data Protection 8.1 Applicable Regulations
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