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DATA PROTECTION

Data protection legislation is very wide-ranging and affects the vast majority of companies doing business in Portugal. Unfortunately, many of these companies are unaware of the rules that apply to them. By way of example, legislation requires companies to give notice of any data processing for marketing purposes to the National Data Protection Commission and the use of video surveillance systems requires prior authorisation from the same body. Failing to respect these requirements can give rise to liability for administrative and/or criminal offences.

PLMJ has a strong track record in providing legal advice on personal data protection matters. This track record includes:

  • Preparing and presenting notifications and requests for authorisation, and dealing with the respective processes before the CNPD (Portuguese Data Protection Commission);
  • Dealing with complex international data transfer projects;
  • Litigation relating to decisions of the CNPD;
  • Negotiation of contracts (outsourcing, subcontracting, listbroking, and transfer and communication of data).

The legal rules on protection of personal data are very wide-ranging and their impact cuts across most companies operating in Portugal. Unfortunately, the situation is ignored by a significant number of companies. For example, many companies are unaware that processing data for marketing purposes is subject to notification to the Portuguese Data Protection Commission, and that the use of video surveillance systems requires prior authorisation from that entity. The law provides for both criminal and administrative offence sanctions.

PLMJ's team specialises in matters relating to protection of personal data and is made up of lawyers from its information technology and litigation practices.