PORTUGAL Trends and Developments Contributed by: Luís Portela de Carvalho, Pedro Cortés and Cláudia de Azevedo Neves, Lektou
cases involving persistent infringements linked to crimes threatening life or safety, asking the compe - tent judicial authority to temporarily restrict access to the service. Complaints Law No 12-A/2026 makes the right to lodge com - plaints provided for in the DSA more operational in Portugal. Recipients of the service, as well as bodies, organisa - tions or associations mandated by them, may lodge complaints against providers with the Digital Servic - es Co-Ordinator. ANACOM may forward complaints, close them or adopt appropriate measures. The complaint data show that users are already test - ing these mechanisms. In 2024, ANACOM recorded 66 complaints, covering issues such as illegal con - tent, account suspension, difficulty making contact and removal decisions. In 2025, the number rose to 237 – a 259% increase. Instagram accounted for 36% of those complaints, followed by Facebook with 24% (those figures were recorded by ANACOM under the powers attributed to it by the provisional national The sanctions regime is one of the clearest reasons to treat the DSA as a risk management issue, not a box-ticking exercise. In general terms: • some administrative offences may be sanctioned with fines of up to 6% of worldwide annual turno - ver or, for individuals, annual income; and • periodic penalty payments may reach 5% of worldwide average daily turnover or average daily income, per day, up to a maximum equivalent to 30 days. Decisions of the Digital Services Co-Ordinator may be challenged before the Competition, Regulation and Supervision Court. Decisions of that court may be appealed to the Lisbon Court of Appeal, which decides at last instance. framework then in place). Sanctions and appeals The law also provides for limitation periods for sanc - tions proceedings and sanctions. As a rule, both are
time-barred after five years. This point reinforces the need to retain documentation and evidence of compli - ance for appropriate periods. Three less visible issues to watch Three lower-profile aspects of Law No 12-A/2026 are likely to matter in practice. • The first is the Advisory Council, which sits within the structure of the Digital Services Co-Ordinator and includes representatives from the scientific community, civil society, consumers and business - es. It will not sanction operators, but may shape supervisory priorities and future guidance. • The second is the commitments regime. Provid - ers may assume corrective measures before ANACOM; if accepted, those measures become binding and may suspend ongoing administrative offence proceedings, provided they are complied with. • The third is the financing and evaluation of the regime. The law provides for initial financing through 5G auction proceeds, a future reassess - ment of the model and a reasoned report from the Co-Ordinator by 20 April 2028. Practical Implications: Turning Compliance Into Evidence Operational readiness Law No 12-A/2026 turns DSA compliance into an operational readiness issue. Companies should: • correctly classify the service provided – mere conduit, caching, hosting, online platform, mar - ketplace, search engine or VLOP/VLOSE – as that classification determines the applicable set of obligations; • review single points of contact and, where applica - ble, designate legal representatives; • structure internal workflows for receipt of and compliance with determinations and requests for information, including validation criteria, deadlines and supporting documentation; • review moderation processes and complaint mechanisms, ensuring that reasons are given for decisions; • document evidence of compliance for potential audits and investigative measures;
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