Database

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ROMANIA

Reported in 2021, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that issues of transparency, competition, and efficiency persist in Romania's procurement processes, particularly affecting foreign bidders. Concerns include overly narrow definitions of tenders and implicit biases favouring local vendors and state-owned enterprises.
Coverage Horizontal

ROMANIA

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Open environment for foreign investment
Romanian laws and regulations ensure equal treatment for foreign investors, and there are no restrictions on foreign ownership in commercial enterprises.
Coverage Horizontal

PORTUGAL

Since 1998, last amended in 2020

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Decree-Law No. 398/1998 of the General Tax Law (Lei Geral Tributária Decreto-Lei No. 398/98)
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.
Coverage Horizontal

PORTUGAL

Since September 1986, last amended in December 2023
Since December 1986, last amended in December 2023

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Decree-Law 262/1986 of the Companies Code (Decreto-Lei No. 262/86 Código das Sociedades Comerciais)

Decree-Law No. 403/1986 on the Commercial Registry Code (Código do Registo Comercial - CRC Decreto-Lei No. 403/86)
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.
Coverage Horizontal

PORTUGAL

Since June 2014
Since May 2014
Since February 2013

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Decree-Law No. 24/2014 Regulating Distance Sales Contracts (Decreto-Lei No. 24/2014)

Decree-Law No. 166/2013 Approving the Regime of Individual Restrictive Commercial Practices (Decreto-Lei No. 166/2013 - Regime aplicável às práticas individuais restritivas do comércio)
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.
Coverage Horizontal

PORTUGAL

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Portugal has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

PORTUGAL

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of 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 Commerce.
Coverage Horizontal

PORTUGAL

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
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.
Coverage Horizontal

PORTUGAL

Reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
Ban on Chinese technology
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.
Coverage Chinese technology, including Huawei

PORTUGAL

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2007, as amended in November 2020
Since September 2012, as amended in November 2020

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Television and Audiovisual On-Demand Services Law (Lei da Televisão e dos Serviços Audiovisuais a Pedido)

Law 55/2012 on The Principles of State Action in the Framework of the Promotion, Development and Protection of the Art of Cinema and Cinematographic and Audiovisual Activities
(Lei n.º 55/2012 Establece os princípios de ação do Estado no quadro do fomento, desenvolvimento e proteção da arte do cinema e das atividades cinematográficas e audiovisuais)
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.
Coverage On-demand audiovisual service

PORTUGAL

Since 2002

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Autoridade Nacional de Comunicações (ANACOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

PORTUGAL

Since April 2016, entry into force in May 2018
Since August 2019

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Law No. 58/2019, Ensuring the Implementation in the National Legal Order of the General Data Protection Regulation (Lei No. 58/2019, de 8 de agosto - Assegura a execução, na ordem jurídica nacional, do Regulamento (UE) 2016/679 do Parlamento e do Conselho, de 27 de abril de 2016, relativo à proteção das pessoas singulares no que diz respeito ao tratamento de dados pessoais e à livre circulação desses dados)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Law No. 58/2019 implemented the GDPR in Portugal.
Coverage Horizontal

PORTUGAL

Since May 2006
In April 2014
Since July 2008, last amended in November 2021

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Law No. 32/2008, on Data Retention or Processing in the Context of the Offer of Electronic Communication Services (Lei No. 32/2008, de 17 de Julho - Transpõe para a ordem jurídica interna a Directiva No. 2006/24/CE, do Parlamento Europeu e do Conselho, de 15 de Março, relativa à conservação de dados gerados ou tratados no contexto da oferta de serviços de comunicações electrónicas publicamente disponíveis ou de redes públicas de comunicações)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
In Portugal, the Directive has yet to be repealed, and it has been implemented through Law No. 32/2008 on data processing. Article 6 of the Law establishes a retention period of one year for the following categories of data:
- Data necessary to find and identify the source of a communication.
- Data necessary to trace and identify the destination of a communication.
- Data necessary to identify the date, time and duration of a communication.
- Data necessary to identify the type of communication.
- Data necessary to identify the users' telecommunications equipment or what is considered to be their equipment.
- Data necessary to identify the location of mobile communication equipment.
Coverage Telecommunications

Telecommunications

PORTUGAL

Since July 2000
Since January 2004, last amended July 2023

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Decree Law No. 7/2004 on Electronic Commerce (Decreto-Lei No. 7/2004 de 7 de Janeiro (Comércio Eléctronico))
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).
Coverage Horizontal

PORTUGAL

Since July 2000
Since January 2004, last amended July 2023

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Decree Law No. 7/2004 on Electronic Commerce (Decreto-Lei No. 7/2004 de 7 de Janeiro (Comércio Eléctronico))
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).
Coverage Horizontal

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