PORTUGAL Trends and Developments Contributed by: Luís Portela de Carvalho, Pedro Cortés and Cláudia de Azevedo Neves, Lektou
Lektou Avenida da República No 59 7.º andar, 1050-189 Lisboa Praça do Bom Sucesso No 61 5º andar, salas 501-502, 4150-146 Porto Portugal
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Introduction Portugal is no longer at a stage of anticipation with respect to the regulation of digital platforms. With the entry into force of the recent Law No 12-A/2026 of 15 April, the country now has a national framework to ensure the national execution and enforcement of Regulation (EU) 2022/2065 of 19 October 2022, the Digital Services Act (DSA). In general terms, the DSA has applied since 17 Feb - ruary 2024, although certain rules have been in force since 16 November 2022 and certain obligations applied earlier to the largest platforms designated by the European Commission. Law No 12-A/2026 therefore does not create a “Portu - guese DSA”. Instead, it sets out the missing national enforcement arrangements: competent authorities, procedures, communication channels, complaint mechanisms, investigative powers, a sanctions regime and routes of appeal. For providers of intermediary services – including “mere conduit”, “caching” and “hosting” services – as well as online platforms, online platforms allow - ing consumers to conclude distance contracts with traders (eg, marketplaces) and online search engines, the practical consequence is immediate. Compliance must now be demonstrable not only under the Euro - pean regulation, but also before Portuguese authori - ties with concrete powers. The relevant question is no longer “how does the DSA apply?” but “can we prove that we comply?”.
The DSA in Brief: The Underlying European Regime Scope and logic of the DSA The DSA applies to intermediary services offered to recipients that are established or located in the European Union (EU), regardless of where the pro - vider itself is established. This is a core feature of the regime: operators based outside the EU may still be caught where they offer services to users in the Union. The obligations vary depending on the type of ser - vice and its scale: the greater the potential impact on recipients of the service and the digital public space, the more demanding the applicable regime. Main substantive obligations The main substantive obligations under the DSA can be grouped around a few key areas. • Accessibility and communication – single points of contact for authorities and users, and a legal representative in the EU where the provider is not established in the EU but offers services there. • Transparency and accountability – clear terms and conditions, transparency reports, statements of reasons for moderation decisions, and information on the main parameters used by recommender systems. • Content moderation – notice and action mecha - nisms for illegal content, internal complaint- handling systems, access to out-of-court dispute settlement, trusted flaggers and measures against misuse of notice or complaint mechanisms.
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