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.

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In Portugal, the Directive has yet to be repealed, and it has been implemented through Law No. 32/2008 on data processing.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.

Portugal is a party to the Patent Cooperation Treaty (PCT).

There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. Member States have transposed the Directive with significant freedom.
The amendment of Law No 62/98 (Decree-Law 63/1986) applies to Directive 2001/29/EC. The exceptions mentioned in the law include:
- Temporary reproduction - Reproduction of work exclusively for private purposes;
- Reproduction and making available to the public by the media for the purpose of information, speeches, addresses and conferences given in public;
- Reproduction by a public library, a public archive, a public museum, a non-commercial documentation centre or a scientific institution or educational institution under conditions listed in the law;
- Reproduction, distribution and public availability for teaching and education purposes;
- Quotation.

It has been reported that, between 2017 and 2022, Portugal recorded one of the highest rates of internet piracy among EU Member States. Portugal, along with Greece and Cyprus, notably leads the EU in piracy rates of live sporting events, significantly exceeding the EU average. Moreover, it is reported that in 2022, pirated TV content experienced a notable increase, with TV shows, series, and on-demand movies being the most commonly pirated genres.

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.

Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Portugal, the Directive has been transposed with Decree-Law No. 111-B/2017 amending the Public Procurement Code for the ninth time, approved by Decree-Law No. 18/2008 of 29 January, transposing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and of the Council of 26 February 2014 and Directive 2014/55/EU of the European Parliament and of the Council of 16 April 2014.

Foreign companies are not required to set up branches or subsidiaries or otherwise enter into any commercial agreements with local partners in order to participate in public procurement processes. However, Art. 106 of Decree Law 18/2008 stipulates that, after the awarding takes place, the execution of certain contracts requires that the contractor establishes some type of representation in Portugal.

It is reported that Portugal’s legal environment encourages foreign investment. Portuguese law prohibits any discrimination between investments on the basis of nationality, and most foreign investments are not regulated.