ILN Data Privacy Paper

Portugal

Portugal Introduction

execution in Portugal was ensured by the Personal Data Protection Law (“PDPL” – Law No. 58/2019, of 8 August 2019). In Portugal, the Constitution of the Portuguese Republic provides for the protection of personal data and other data whose safeguarding is justified by reasons of national interest, being the National Data Protection Commission (“CNPD”) the entity responsible for monitoring and enforcing compliance with data protection legislation. According to the GDPR, personal data means any information relating to an identified or identifiable natural person ("data subject”). Taking into account that such personal data can be used to identify a person – either directly or indirectly –, it is therefore essential to guarantee the privacy and security of this data, to protect the rights, freedoms, and guarantees of natural persons. This paper explores the legal panorama of personal data protection in Portugal, highlighting the main differences in relation to the GDPR, as well as the rights of data subjects, the responsibilities of organizations that handle personal data, and the consequences of violating data protection legislation.

Concerns raised on the subject of cybersecurity and data protection are closely linked to rapid technological advances and the increasing digitalization of society. Indeed, the collection and storage of data by digital means, as well as the widespread use of technological devices, are everyday realities that bring not only great benefits and conveniences but also ever- increasing responsibilities and challenges. In effect, the collection of large amounts of information by digital means (including personal and sensitive data) poses a particular challenge to the entities that collect it, particularly concerning the security of such data, which is increasingly subject to possible cyber-attacks. Data protection legislation in Portugal is aligned with European Union law, in particular with the General Data Protection Regulation (“GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), whose

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