(vi) The law provides for the payment of penalties. Notwithstanding other applicable sanctions, in case of non-compliance with decisions of the NRA that impose
administrative sanctions or that order, in the exercise of legally assigned
powers, the adoption of certain behaviours or measures by undertakings that
provide electronic communications networks and services, the NRA may
impose, where justified, a compulsory penalty payment, notably in the cases
set forth in subsections a), e), f), g), p), v), x), z), gg), mm), pp), rr), ss), tt), zz),
aaa), ccc), fff), hhh), lll), nnn), sss), ttt) and vvv) of section 1 of Article
113 (Article 116/1).
4 Data Protection and Digital Forensics
The law applicable on these matters is Law no. 109/2009, of 15 September 2009
(Cybercrime Law). The types of crimes provided for therein are the following:
(i) Computer-related forgery—Whoever, with the purpose of deceiving someone
else in the context of a legal relationship, enters, alters, erases or suppresses
computer data, or commits any other form of interference with the automatic
processing of data resulting in false data or documents, with the intent that it be
considered or acted upon for legal purposes as if it were authentic, shall be
punishable by imprisonment of up to 5 years or by fine ranging between
120 and 600 days (Article 3/1);
(ii) Damage caused to programs or other computer data—Whoever, without legal
permission or authorization from the owner or holder of the right over the full
system, or part thereof, deletes, alters, fully or partially deteriorates, damages,
suppresses or renders unusable or inaccessible other people’s programs or other
computer data or by any other means seriously hinders their functioning, shall
be punishable by imprisonment up to 3 years or by fine (Article 4/1);
(iii) Computer-related fraud—Whoever, without legal permission or authorization
from the owner or holder of the right over the full system, or part thereof,
hinders, prevents, interrupts or seriously disrupts the functioning of a computer
system by entering, transmitting, deteriorating, damaging, altering, deleting,
preventing access or suppressing programs or other computer data or by any
other means interferes in a computer system, shall be punishable by imprisonment up to 5 years or by fine up to 600 days (Article 5/1);
(iv) Illegal access—Whoever, without legal permission or authorization from the
owner or holder of the right over the full system, or part thereof, accesses a
computer system, shall be punishable by imprisonment up to one year or by fine
up to 120 days (Article 6/1);
(v) Illegal interception—Whoever, without legal permission or authorization from
the owner or holder of the right over the full system, or part thereof, intercepts
by technical means transmissions of computer data to, from or within a
computer system, shall be punishable by a term of imprisonment up to 3 year
or by fine (Article 7/1);
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A. S. Pinheiro
administrative sanctions or that order, in the exercise of legally assigned
powers, the adoption of certain behaviours or measures by undertakings that
provide electronic communications networks and services, the NRA may
impose, where justified, a compulsory penalty payment, notably in the cases
set forth in subsections a), e), f), g), p), v), x), z), gg), mm), pp), rr), ss), tt), zz),
aaa), ccc), fff), hhh), lll), nnn), sss), ttt) and vvv) of section 1 of Article
113 (Article 116/1).
4 Data Protection and Digital Forensics
The law applicable on these matters is Law no. 109/2009, of 15 September 2009
(Cybercrime Law). The types of crimes provided for therein are the following:
(i) Computer-related forgery—Whoever, with the purpose of deceiving someone
else in the context of a legal relationship, enters, alters, erases or suppresses
computer data, or commits any other form of interference with the automatic
processing of data resulting in false data or documents, with the intent that it be
considered or acted upon for legal purposes as if it were authentic, shall be
punishable by imprisonment of up to 5 years or by fine ranging between
120 and 600 days (Article 3/1);
(ii) Damage caused to programs or other computer data—Whoever, without legal
permission or authorization from the owner or holder of the right over the full
system, or part thereof, deletes, alters, fully or partially deteriorates, damages,
suppresses or renders unusable or inaccessible other people’s programs or other
computer data or by any other means seriously hinders their functioning, shall
be punishable by imprisonment up to 3 years or by fine (Article 4/1);
(iii) Computer-related fraud—Whoever, without legal permission or authorization
from the owner or holder of the right over the full system, or part thereof,
hinders, prevents, interrupts or seriously disrupts the functioning of a computer
system by entering, transmitting, deteriorating, damaging, altering, deleting,
preventing access or suppressing programs or other computer data or by any
other means interferes in a computer system, shall be punishable by imprisonment up to 5 years or by fine up to 600 days (Article 5/1);
(iv) Illegal access—Whoever, without legal permission or authorization from the
owner or holder of the right over the full system, or part thereof, accesses a
computer system, shall be punishable by imprisonment up to one year or by fine
up to 120 days (Article 6/1);
(v) Illegal interception—Whoever, without legal permission or authorization from
the owner or holder of the right over the full system, or part thereof, intercepts
by technical means transmissions of computer data to, from or within a
computer system, shall be punishable by a term of imprisonment up to 3 year
or by fine (Article 7/1);
280
A. S. Pinheiro