PORTUGAL Law and Practice Contributed by: Jorge Silva Martins, João Carminho and Inês Coré, CS’Associados
Additionally, the following legislation on contrac - tual clauses, advertising, and consumer protec - tion is also relevant: • Standard Contractual Clauses Regime – Decree-Law No 446/85; • Advertising Code – Decree-Law No 330/90 of 23 October; • Consumer Protection Law – Law No 24/96; • Unfair Commercial Practices Law – Decree- Law No 57/2008, regulating unfair practices in consumer transactions; • Consumer Rights in Digital Transactions – Decree-Law No 84/2021, governing consum - er rights in the purchase and sale of digital goods, content, and services; • Distance and Off-Premises Contracts Law – Decree-Law No 24/2014; and • Law on Individual Restrictive Trade Practices – Decree-Law No 166/2013. Key Legal Challenges Social media platforms operating in Portugal face important legal challenges, particularly in data protection, cybersecurity, and intellectual property enforcement. Compliance with the GDPR and national data protection laws is essential, requiring plat - forms to ensure transparency in data process - ing, obtain valid user consent, and implement robust cybersecurity measures to protect user data from breaches. Child protection and age verification remain criti - cal concerns. Platforms must deploy effective systems to restrict access to age-inappropriate content and enforce stringent content mod - eration to prevent the dissemination of harm - ful material targeting minors. Additionally, the monetisation of user data raises legal and ethi - cal issues regarding transparency, consent, and
fairness under the GDPR, particularly in the con - text of targeted advertising and profiling. Platforms must also combat hate speech and misinformation, particularly under the Digital Services Act (DSA), which mandates measures to prevent the spread of illegal content. Com - pliance with advertising regulations, including rules on influencer marketing and sponsored content, is crucial to mitigating legal and repu - tational risks. Cross-border operations further complicate compliance, as platforms must adhere to both EU-wide and national regulations. To limit liabil - ity for user-generated content, platforms should implement proactive copyright protection meas - ures, such as content filtering and notice-and- takedown systems. 10.2 Regulatory and Compliance Issues The primary regulatory bodies overseeing social media in Portugal include: • Portuguese Data Protection Authority (CNPD); • Portuguese Electronic Communications Authority (ANACOM); • National Cybersecurity Centre (CNCS); • Food and Economic Safety Authority (ASAE); • Directorate-General for Consumers (DGC); and • Media Regulatory Authority (ERC). These authorities have various enforcement powers, including the ability to: • conduct inspections and audits to ensure compliance with applicable laws; • impose fines for non-compliance; and • mandate corrective measures, such as content removal, increased transparency in
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