Data Protection in the Internet:
The Portuguese Case
Alexandre Sousa Pinheiro
1 General Data Protection Framework
In Portugal, the relevant laws applicable regarding data protection matters are:
(i) Law no. 41/2004, of 18 August 2004 (transposing the Directive 2002/58/CE)
with the amendments introduced by Law no. 32/2008, of 17 July 2008 (transposing Directive 2006/24/CE) and Law no. 46/2012 (transposing Directive
2009/136/CE).
(ii) Law no. 58/2019, of 8 August 2019, which ensures the implementation, in the
national legal system, of Regulation (EU) 2016/679 (General Data Protection
Regulation, hereinafter GDPR).
(iii) Law no. 59/2019, of 8 August 2019, which approves rules on the processing of
personal data for the purpose of prevention, detection, investigation or prosecution of criminal offenses or the enforcement of criminal sanctions, and
transposes Directive (EU) 2016/680.
Personal data are protected in Portugal as a specific right by the Portuguese
Constitution since 1976 (Article 35).
1
The protection of personal data is required by the Constitution (Article 35/2), and
is regulated by Law no. 58/2019, of 8 August 2019. This Law is applicable to data
processing undertaken in national territory, as well as to that undertaken abroad
whenever: (1) it is undertaken within the activity of an entity established in Portugal;
A. S. Pinheiro (*)
University of Lisbon, Faculty of Law, Lisboa, Portugal
e-mail: josepinheiro@fd.ulisboa.pt
1 For an overview on this topic, see Pinheiro (2015).
© Springer Nature Switzerland AG 2020
D. Moura Vicente, S. de Vasconcelos Casimiro (eds.), Data Protection in the
Internet, Ius Comparatum – Global Studies in Comparative Law 38,
https://doi.org/10.1007/978-3-030-28049-9_11
271
The Portuguese Case
Alexandre Sousa Pinheiro
1 General Data Protection Framework
In Portugal, the relevant laws applicable regarding data protection matters are:
(i) Law no. 41/2004, of 18 August 2004 (transposing the Directive 2002/58/CE)
with the amendments introduced by Law no. 32/2008, of 17 July 2008 (transposing Directive 2006/24/CE) and Law no. 46/2012 (transposing Directive
2009/136/CE).
(ii) Law no. 58/2019, of 8 August 2019, which ensures the implementation, in the
national legal system, of Regulation (EU) 2016/679 (General Data Protection
Regulation, hereinafter GDPR).
(iii) Law no. 59/2019, of 8 August 2019, which approves rules on the processing of
personal data for the purpose of prevention, detection, investigation or prosecution of criminal offenses or the enforcement of criminal sanctions, and
transposes Directive (EU) 2016/680.
Personal data are protected in Portugal as a specific right by the Portuguese
Constitution since 1976 (Article 35).
1
The protection of personal data is required by the Constitution (Article 35/2), and
is regulated by Law no. 58/2019, of 8 August 2019. This Law is applicable to data
processing undertaken in national territory, as well as to that undertaken abroad
whenever: (1) it is undertaken within the activity of an entity established in Portugal;
A. S. Pinheiro (*)
University of Lisbon, Faculty of Law, Lisboa, Portugal
e-mail: josepinheiro@fd.ulisboa.pt
1 For an overview on this topic, see Pinheiro (2015).
© Springer Nature Switzerland AG 2020
D. Moura Vicente, S. de Vasconcelos Casimiro (eds.), Data Protection in the
Internet, Ius Comparatum – Global Studies in Comparative Law 38,
https://doi.org/10.1007/978-3-030-28049-9_11
271