PORTUGAL Law and Practice Contributed by: Jorge Silva Martins, João Carminho and Inês Coré, CS’Associados
5G deployment 5G technology introduces higher-speed con - nectivity, lower latency, and increased network capacity, enabling advanced applications such as smart cities, autonomous vehicles, and indus - trial automation. However, its deployment raises several legal considerations: • Spectrum allocation and licensing: ANA - COM oversees the allocation of 5G spectrum licences, ensuring compliance with EU rules on fair competition and efficient spectrum use. Portugal has already auctioned spectrum in the 700 MHz, 3.6 GHz, and 26 GHz bands, with regulatory obligations for nationwide coverage, particularly in underserved areas. • Network security and cybersecurity risks: Given the critical infrastructure nature of 5G networks, EU cybersecurity regulations, such as the Cybersecurity Act (Regulation (EU) 2019/881) and the EU Toolbox for 5G Security, impose strict security requirements. Portugal follows these frameworks to mitigate risks related to foreign vendors, cyberattacks, and personal data breaches. IoT expansion IoT enables interconnected devices across sec - tors such as healthcare, transportation, and manufacturing. However, its rapid expansion raises legal challenges in data governance, lia - bility, and cybersecurity: • Data protection and privacy: The GDPR applies to IoT devices that collect and pro - cess personal data. Portugal’s National Data Protection Commission (CNPD) enforces GDPR compliance, particularly concerning user consent, data security, and accountabil - ity of IoT service providers. • Liability and consumer protection: The EU Product Liability Directive (85/374/EEC) and
content, applications, or services, except when necessary for network security, conges - tion management, or legal compliance. • Traffic management rules: Any traffic manage - ment practices must be transparent, non- discriminatory, and proportionate. • Zero-rating practices: Portugal attracted international attention in 2017 when cer - tain ISPs introduced “zero-rating” services, allowing specific applications to be used without consuming data allowances. While this practice raised concerns about potential net neutrality violations, BEREC has issued guidelines stating that zero-rating must not result in discrimination against other services. • ANACOM monitors compliance with net neutrality rules and has the authority to investigate ISPs suspected of breaching open internet principles. Impact on the Telecommunications Sector Net neutrality regulations ensure a level play - ing field by preventing ISPs from prioritising or restricting specific services based on commer - cial interests. While these rules promote consumer rights and fair competition, they also impose operational and financial constraints on ISPs, limiting their ability to develop differentiated service offerings or enter into exclusive agreements with content providers. Compliance with these rules requires continuous regulatory oversight and adaptation to evolving EU guidelines.
6.3 Emerging Technologies Impact on the Legal Landscape
Emerging technologies such as 5G, IoT, and AI are transforming the telecommunications sector in Portugal, introducing new opportunities and regulatory challenges.
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