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
requirements relating to training data. The European Parliament’s March 2026 resolution on copyright and generative AI signals further EU-level regulatory devel - opment in this area. As a result, copyright compliance is increasingly extending beyond traditional infringement analysis to include AI training datasets, opt-out mechanisms for text and data mining, content provenance and con - tractual allocation of AI-related risk. Data Protection and Digital Regulation The GDPR remains the cornerstone of Portuguese data protection law, with no replacement anticipated. However, it is increasingly complemented by a broad - er EU digital regulatory framework. Key developments include: • EU AI Act – phased implementation, with signifi - cant compliance obligations for AI developers and deployers; Portugal is expected to designate ANACOM as a key supervisory authority. • Data Act (applicable since September 2025) – introduces rules on access to and use of data generated by connected products and related services, with particular relevance for IoT, industrial systems, mobility, energy, and cloud services. • NIS2 Directive (transposed via Decree-Law No. 125/2025, effective April 2026) – significantly strengthens cybersecurity obligations for essential and important entities, including governance, inci - dent reporting, and risk management requirements. • Digital Services Act implementation (Law No. 12-A/2026) – establishes national competent authorities and updates the regulatory framework for intermediary and platform services. The cumulative effect of these reforms is a regulatory environment increasingly defined by EU-level instru - ments rather than domestic legislative overhaul. Busi - nesses operating in Portugal should therefore adopt a cross-regulatory compliance approach spanning IP, AI governance, cybersecurity and data regulation. Immigration and Nationality Law Portuguese immigration law has recently undergone targeted amendments, particularly affecting family
reunification procedures and job seeking residence permits. These changes reflect a broader policy focus on administrative efficiency and migration control. Further legislative reforms to the Immigration Act remain under discussion and may introduce additional restrictions to family reunification and other residence pathways. Forthcoming Reforms A significant reform of Portuguese nationality law entered into force on 19 May 2026. The minimum residence period for naturalisation has been extended from five years to seven years for EU and CPLP nation - als and ten years for all other foreign nationals. The qualifying period now begins on the date of issuance of the first residence permit, rather than the date of the residence application, materially extending eligibility timelines for new applicants. Importantly, the reform applies only to nationality applications submitted on or after its entry into force, with pending applications remaining subject to the previous legal framework. In addition, the reform strengthens the integration requirements for naturalisation by introducing new requirements relating to Portuguese culture, history, national symbols, and civic knowledge, alongside the existing Portuguese language requirement. Some aspects of these new requirements remain subject to implementing regulations. EU-Level Developments and Enforcement At EU level, the Pact on Migration and Asylum became applicable from June 2026, requiring adjustments to Portuguese border management, asylum processing, return procedures, and administrative cooperation mechanisms. At national level, the Government continues to pur - sue broader immigration reforms aimed at strength - ening enforcement against irregular migration, includ - ing more effective return procedures and enhanced administrative powers. However, some of these meas - ures remain subject to the legislative process and judi - cial scrutiny. These reforms indicate a clear policy shift towards tighter immigration control, longer integration time - lines, and increased enforcement efficiency, with
901 CHAMBERS.COM
Powered by FlippingBook