Portugal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Portugal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

According to Art. 19.6 Decree-Law No. 398/1998, non-resident suppliers are generally required to register for Value Added Tax in Portugal if they sell goods or supply services to private customers. Only non-EU resident companies must appoint a resident tax representative for Value Added Tax registration.

Art. 4 of the Decree-Law No. 262/1986 and Art. 40 of the Decree-Law No. 403/1986 establish that, as a general rule, foreign companies that wish to exercise their activity in Portugal for more than one year must establish a "permanent representation" (i.e. registered office, central administration or principal place of business within host country - Portugal - or in a European Union country) in the country and comply with the provisions set forth under Portuguese law in relation to commercial registration.

The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Decree-Law No. 24/2014, regulating distance sales contracts and Decree-Law No. 166/2013, approving the regime of the individual restrictive commercial practices.

The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Portugal, the safe harbour is mainly defined in the Information Decree-Law No. 7/2004 as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting (Arts. 11 to 19 Decree Law No. 7/2004). Portuguese legislation introduces additional particularities and liability exemptions such as, under certain circumstances, intermediary liability for content aggregation providers, mainly hyperlinking and search engine services (Art. 17 Decree Law No. 7/2004).

The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Portugal, the safe harbour is mainly defined in the Information Decree-Law No. 7/2004 as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting (Arts. 11 to 19 Decree Law No. 7/2004). Portuguese legislation introduces additional particularities and liability exemptions such as, under certain circumstances, intermediary liability for content aggregation providers, mainly hyperlinking and search engine services (Art. 17 Decree Law No. 7/2004).

In May 2023, Portugal's Cybersecurity Council (CSSC) reportedly issued a resolution prohibiting the use of Chinese technology, including Huawei's equipment, in the nation's 5G and 4G networks, citing national security concerns. Subsequently, in September 2023, Huawei initiated legal proceedings in a Lisbon court to contest the resolution issued by the CSSC.

The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Portugal, the EU Directive was transposed into domestic law through the amendment of the Television and Audiovisual On-Demand Services Law of November 2020 (Law No. 74/2020). According to Art. 45.2 of the Act, on-demand audiovisual service operators must ensure that European works comprise at least 30% of their catalogues, giving prominence to such works and allocating at least half of that percentage to independently produced European creative works originally in Portuguese and produced within the last five years.
Furthermore, according to Art. 14-A of Law 55/2012, television service operators, on-demand audiovisual service operators, distributors of cinematographic works, and videogram publishers in Portugal are required to allocate a portion of their investment expenditure to the development, production, and promotion of European and Portuguese-language works, as well as independently produced works. This investment obligation is calculated based on their relevant income from various audiovisual services, allowing for flexibility in selecting specific projects. Small operators may be exempt from these requirements based on their revenue and market share.

The European Union and Portugal have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The European Union and Portugal have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.

The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Portugal transposed the Directive through Decree-Law No. 110/2018 on Intellectual Property Law.

According to Art. 25 of the Electronic Communications Law, passive sharing is mandated. Electronic communications companies must promote the conclusion of agreements on co-location and sharing of resources already set up or to be set up. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.

It is reported that the government owns 100% shares of Refer Telecom - Serviços de Telecomunicações S.A., which offers telecommunication services such as high-speed internet, fixed and mobile telephony, and cable television, among others. In addition, the government owns 51.1% of RENTELECOM-Comunicações, S.A. The company offers telecommunications services, including Internet, telephony, and television. Furthermore, it is reported that the State owns 100% of EMACOM - Telecomunicações da Madeira, Unipessoal, which offers telecommunications services, including fixed and mobile telephony, internet, and television. Finally, the government of Portugal owns 51% of MINHOCOM and Valicom, both of which offer planning, design, implementation and maintenance services for telecommunications infrastructures, as well as project management and consulting in the area.

It is reported that functional separation is not mandated for operators with significant market power (SMP). In the Electronic Communication Law, it is foreseen the possibility of imposition of the functional separation obligation, however, Autoridade Nacional de Comunicações (ANACOM) did not impose it in practice (instead imposed equivalence of inputs/outputs). Art. 66 provides for the possibility, as an exceptional measure, of imposing the remedy of functional separation on SMP operators. On the other hand, accounting separation is required, and it applies to SMP operators in the relevant markets where this obligation was imposed.