PORTUGAL Law and Practice Contributed by: Luís Portela de Carvalho, Pedro Cortés and Cláudia de Azevedo Neves, Lektou
• Law No 41/2004 addresses privacy in electronic communications. It implements the ePrivacy Direc - tive and contains rules on confidentiality of com - munications, traffic and location data, cookies and unsolicited marketing communications. Various ANACOM regulations, decisions and notices further develop technical and consumer-protection aspects, including accessibility requirements for end users with disabilities. Law No 16/2022 was also ANACOM ( Autoridade Nacional de Comunicações ) is the main telecommunications regulator in Portugal. Its responsibilities include market access, spectrum and numbering management, competition issues, service quality and end-user rights under Law No 16/2022. ANACOM also has additional roles as Digital Services Co-ordinator under the DSA, as the relevant sectoral cybersecurity authority for electronic communica - tions and postal services under the Decree-Law No 125/2025 regime, and as the authority designated in relation to supervision of fundamental-rights obliga - tions for high-risk AI systems under the AI Act. CNPD ( Comissão Nacional de Proteção de Dados ) supervises data protection and privacy issues in the electronic communications sector, including cookies, traffic data, location data and direct marketing. amended by Decree-Law No 5/2026. 5.2 Telecoms Regulatory Bodies Consumer protection authorities, including the Direc - torate-General for Consumers ( Direção - Geral do Consumidor ), may also intervene where telecoms contracts raise consumer law issues. 5.3 Telecoms-Related Regulated Activities General Authorisation Electronic communications networks and services are generally provided under a general authorisation regime. In practical terms, this means that a provider usually notifies ANACOM rather than applying for an individual licence before starting activity. Spectrum and Numbering This general rule does not apply in the same way to scarce public resources. Rights of use for radio spec -
trum and numbering resources require specific alloca - tion and licensing procedures overseen by ANACOM. Ongoing Obligations Operators may also be subject to regulatory fees and sector contributions, including under Decree-Law No 114/2024. They must comply with obligations on access, interconnection, emergency services, univer - sal service funding and end-user protection. 5.4 Interconnection and Roaming Rules Interconnection Interconnection is governed by Law No 16/2022, which implements the European Electronic Com - munications Code. Operators with significant market power may face specific access or interconnection obligations, including transparency, non-discrimina - tion and cost-oriented pricing. ANACOM may impose, monitor and enforce these obligations, taking account of the relevant EU and BEREC framework. Roaming Roaming within the EEA is mainly governed by directly applicable EU rules. These rules underpin the “Roam Like at Home” framework and related retail price pro - tections. ANACOM is responsible for monitoring and enforcing compliance in Portugal, including in relation to end-user complaints. 5.5 Consumer Protection Rules End-User Rights Law No 16/2022 contains a detailed set of protections for end-users of electronic communications services. These include rules on pre-contractual information, contract summaries, tariff transparency, billing, qual - ity of service, number portability, contract duration and contract changes. For consumer contracts, the maximum initial commitment period is generally 24 months, although shorter alternatives must be made available in certain circumstances. Consumers must also be informed in advance of contract changes and may terminate without penalty where the law so pro - vides, particularly where changes are detrimental to them. Online Termination Portugal has introduced a central online platform for terminating or switching telecoms contracts, under
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