ILN Data Privacy Paper

Portugal

the data subject has explicitly consented the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards; the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request; the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person; the transfer is necessary for important reasons of public interest; the transfer is necessary for the establishment, exercise or defense of legal claims; the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent; the transfer is made from a register which according to the EU or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest (only to the extent that

the conditions laid down by the EU or Member State law for consultation are fulfilled in the particular case). 5 .7 Grievance redressal In Portugal, without prejudice to the right to lodge a complaint with the CNPD, any person may resort to means of administrative protection, namely of a petitionary or impugnatory nature, to ensure compliance with the legal provisions, under the terms of the Code of Administrative Procedure (Article 32 PDPL). Furthermore, any person who has suffered damage as a result of the unlawful processing of data or any other act that violates the provisions of the GDPR or the national law on the protection of personal data has the right to obtain compensation from the controller or processor for the damage suffered (Article 33 PDPL). Complaints relating to personal data can be addressed to the CNPD (national authority responsible for monitoring and enforcing compliance with data protection legislation) which has, amongst other competences, the power to investigate complaints, carry out audits and impose sanctions in the event of infringements. Complaints and claims shall be submitted in writing via the official website of the CNPD by completing the form with all relevant information. Upon receipt of a complaint, the

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