Portugal. Comprehensive data protection. Act

Lei 58/2019Law No. 58/2019 ensuring the implementation of the GDPR in the national legal order

In force
Partly verifiedMedium confidence. DRE URL not re-verified.

§1Summary

Synopsis

Portugal's Law 58/2019 implements the GDPR nationally, including employee data, video surveillance and health data rules. The CNPD has declared several provisions incompatible with the GDPR and does not apply them.

Key themes
  • national GDPR derogations
  • age of consent
  • DPO
  • employee data
  • criminal offences
  • supervisory authority powers
Unique features

Age of digital consent (GDPR Art 8): 13. CNPD Deliberation 2019/494 disapplies several articles (e.g. fine ranges and public body exemptions); public entities could request waiver from fines; specific rules on CCTV and deceased persons' data.

SaaS relevance

Applies alongside the GDPR to any SaaS provider established in, or targeting users in, this country; national rules on age of consent, employee data and offences shape onboarding and HR-related features.

§2Obligations

Extraterritorial
Limited
Breach notification
Authority 72h; individuals without undue delay (GDPR Arts 33-34)
DPO
Conditional
Cross-border transfers
GDPR Chapter V (adequacy/SCCs/BCRs)
Maximum penalty
GDPR Art 83: €20m or 4% global turnover

§3Dates

Key dates
  • Adopted
  • In force

§4Text and authority

Text
Authority
Comissão Nacional de Proteção de Dados (CNPD)

§5Where it applies

Domestic law of
Portugal

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. DRE URL not re-verified.