Data Protection in the Internet: The Portuguese Case

Abstract

In Portuguese Law, data protection in electronic communications is enshrined in the Constitution and also in laws transposing European legal acts and in internal regulations.

The Portuguese Data Protection Authority has the power to supervise and monitor communications of all types, including electronic communications.

In what concerns the monitoring of employees through CCTV cameras, the Labour Code states that the employer may not use distance surveillance means at the workplace by technological equipment.

Under Portuguese Law, the storage of data in the equipment of the user is only allowed if previous consent has been given, based on full and clear information. This rule is especially applicable to “cookies”. The Law establishes some exceptions concerning the technical nature of “cookies”. The rights of the data user in electronic communications provided for by Portuguese law are identical to those defined in the EU’s General Data Protection Regulation (GDPR).