Decree-Law no. 62/2009, of 10 March

Published in D.R. number 48 (Series I) of 10 March 2009

(This is not an official translation of the law)

Ministério da Economia e da Inovação (Ministry of Economy and Innovation)

Decree-Law

Decree-Law no. 7/2004, of 7 January, in the scope of the information society, governs, among other issues, unsolicited communications for direct marketing purposes, providing for protection measures against the invasion of privacy.

The increasing number of consumers who use mobile phones nowadays, the technological development of the latter and also mass access to new information and communication technologies, made the Internet, SMS (short message service) and MMS (multimedia messaging service), among other services, attractive means of transmission of advertisements, allowing advertisers to reach a large number of consumers at a low cost.

The obligation on providers to obtain the previous consent of the recipient to send messages with direct marketing purposes has already been provided for, as well as the obligation to maintain, on their own or through bodies that represent them, an updated list of persons who have expressed their wish not to receive such advertising communications. However, these lists are deemed to be insufficient and consequently, for the purpose of the implementation of provisions in article 22 of Decree-Law no. 7/2004, of 7 January, it is deemed that it should be incumbent on the Direcção-Geral do Consumidor (General Consumer Directorate) to maintain permanently up-to-date a list of national scope, which facilitates the exercise of right of consumers to oppose to the processing of their personal data with direct marketing purposes or any other means to seek customers, thereby preserving the privacy of their personal data under article 12 b) of Law no. 67/98 of 26 October (Personal Data Protection Law).

The Comissão Nacional de Protecção de Dados (National Data Protection Commission) was heard.

The hearing of the Conselho Nacional do Consumo (National Consumer Council) was also promoted.

On an optional basis, the following bodies were also heard: the Associação Portuguesa para a Defesa do Consumidor, União Geral de Consumidores, Associação Portuguesa de Consumidores dos Media and ICP - Autoridade Nacional de Comunicações.

Therefore:

Pursuant to article 198, paragraph 1 a), of the Constitution, the Government hereby decrees the following:

Article 1
Amendment to Decree-Law no. 7/2004, of 7 January

Article 22 of Decree-Law no. 7/2004, of 7 January, is hereby amended to read as follows:

«Article 22
[…]

1 - ...

2 - ...

3 - ...

4 - ...

5 - ...

6 - ...

7 - ...

8 - Without prejudice to the preceding paragraph, it is incumbent on the Direcção-Geral do Consumidor - DGC (General Consumer Directorate) to maintain permanently up-to-date a list of national scope of persons who have expressed a general wish not to receive any advertising communications.

9 – The entry in the list referred to in the preceding paragraph requires filling in the electronic form available at DGC' website.

10 – Companies that promote the sending of messages with direct marketing purposes must consult this list, which shall be updated every quarter by DGC, and which shall be made available upon request.

11 –The sending of advertising communications by electronic means to persons included in the lists provided for in paragraphs 7 and 8 shall be prohibited.»

Article 2
Entry into force

This Decree-Law takes effect 60 days after the date of publication.

Checked and approved in the Council of Ministers of 17 December 2008. – Luís Filipe Marques Amado - António José de Castro Guerra - Mário Lino Soares Correia.

Promulgated on 13 February 2009.

Let it be published.

The President of the Republic, Aníbal Cavaco Silva.

Counter-signed on 17 February 2009.

The Prime Minister, José Sócrates Carvalho Pinto de Sousa.


Statistics acess

This page was:
· view 3144
· printed 0
· subscribed 25

More information on site statistics

Legislation

 

Thematic Areas

Access and Interconnection

Information available in this area: Legislation; Determinations on ADSL offers from PT Comunicações; Statistical information to be provided by public telec.network operators; Interconnection; Traffic ownership; Significant market power; Reference interconnection offer; General and prior conditions to the negotiation of interconnection agreements; Interconnection agreements; Prices; Internet access; Selection and pre-selection of operator; Cost model for the fixed telecommunications network

Broadband area

This area contains a range of information on broadband Internet access, including ANACOM’s powers and initiatives, the national and community legislation in force, the complementary measures adopted by ANACOM, statistics, studies and several reports.

Ducts Access

Obtain information on the applicable regime, consult adopted determinations and the offers of the concessionaire in this area and follow the respective developments through related information.

Digital Television

Information available in this area: legislation; news and press releases on DT; licence granted; archive on Conference on Digital Terrestrial Television - DVB-T (2000).

Electronic Commerce

Information available in this area: ANACOM's duties; Legislation (Portuguese and European Union Law); Relevant studies and work.

Emergency Communications

A new area has been made developed on emergency communications with information about the varied remit of ANACOM and current Europena Union and national legislation, studies and reports and links of interest.

Electronic communications - market analysis

This area comprises all the available information on each of the relevant markets identified by ANACOM, in compliance with Regicom and Commission Recommendation 2003/311/EC, of 11 February 2003.

Electronic communications - regulatory framework

This area contains a wide range of information on the regulatory framework for electronic communications, both as adopted in the European Union in 2002 and as approved in 2009.

ITED - ITUR

ITED - ITUR

International Activity

Find out about ANACOM's participation in international sectorial bodies, such as IRG, ERG, CEPT, ITU and UPU.

International Roaming

Here you can get a range of useful information about roaming, in particular about what you will have to pay for calls or your voicemail when using your mobile abroad.

Laboratories

Fully aware of the modernisation challenges faced by the industry and the need to ensure high quality products and services, ANACOM is endowed with three specialised laboratories, with which it helps further national technological development.

Leased Lines

Information available in this area: legislation, complementary determinations on the PTC's cost accounting system; entities with significant market power, quality of leased lines service, reformulation and suspension of leased lines offer; information about prices; national and international studies and reports.

Local Loop Unbundling

Information available in this area: Determinations of ICP-ANACOM; Reference Unbundling Offer (RUO) (PTC); EU and IRG Initiatives; Working Group; Public Survey on LLU; FAQ's.

Mobile Networks and Services

Information available in this area: Legislation; determinations on IMT-2000/UMTS , voice mail , informative services , significant market power, adhesion contracts, portability - Information to consumers, survey on quality of service of mobile (QoS-GSM), other relevant information about IMT-2000/UMTS; ERMES, Mobile Communications in Portugal.

Numbering, Names and Addressing

Information available in this area: legislation; complementary determinations on portability, selection and pre-selection, virtual phone cards, Portuguese numbering plan, public consultations; ETO; FAQ's.

Online Services

Online Services - Access to interactive electronic Forms.

Postal area

Information available in this area: national and EU legislation, CTT's development plan, quality of service and overall complaints; prices and postal tariffs for 2003; statement of compliance of CTT's cost accounting system; audit to the service quality indicators of CTT; conventions; quality reports; european studies; licences/authorizations.

R&TTE Regulatory Framework

Information available in this area: R&TTE Regulatory Framework; reasons of the R&TTE framework adoption; applicable equipment; information about Essential requirements; conformity assessment procedures; notification to Anacom; publication of interfaces by operators; publication of technical specifications; inspection (market surveillance); spectrum authorities.

Spectrum management

Information available in this area: Legislation; Electronic Communications Committee Decisions; Exposure to electromagnetic radiation and related issues; useful links; data base and useful information about audio broadcast operators; television broadcast operators; personal radio service - citizen band.

Sector

Information available in this area: sector's organization; operators' list; licences/authorizations granted by ANACOM; codes of providers and telecommunications services.

Telephone Service at a Fixed Location and Universal Service

Information available in this area: legislation; determinations on Fixed Telephone Service and Universal Service, public pay phones, adhesion contracts, public consultation; information on liberalization communications; consumer rights; FAQ's and Publications.

URSI - Portuguese Committee

This area contains information on the Portuguese Committee of URSI - International Union of Radio Science. The work of this Committee is organised by ANACOM.
 

Services and Useful Information

ANACOM public consultations

Consultation on the guidelines on minimum content to be included in contracts governing the provision of electronic communications services - comments until 30.04.2014

Consultation on the results of the audit of net costs of universal service reported by PTC (2010-2011) - comments until 02.05.2014

Consultation on the rules governing the shared use of 16xy numbers from the PNN for customer support services - comments until 02.05.2014

Universal Service

Tenders for the selection of provider(s) of universal service of electronic communications

World Radiocommunication Conference 2015 (WRC-15)

World Radiocommunication Conference 2015 (WRC-15), Geneva, 2-27.11.2015

Association of CPLP Communications and Telecommunications Regulators

ARCTEL-CPLPhttp://www.arctel-cplp.org/

Statements/clarifications

Positions, clarifications and statements issued by ANACOM between 2004 and 2013

Forms for electronic and interactive services

Access the services which we provide electronically

Frequently asked questions

FAQ on Audiotext, Digital Terrestrial Television - DTT, International Roaming, Licences for land mobile service private radiocommunications networks, Local Loop Unbundling, Message-Based value Added Services, National Numbering Plan, Operator Portability, R&TTE Regulatory Framework, Telephone Service at a Fixed Location and Universal Service, VoIP

 
Validate RSS | Validate XHTML 1.1 | Validate CSS | Validate WAI-AAA-WCAG 1.0
 
This site has been developed to be accessible to users with special needs. Find out how to use access keys and other website features
 
 
© ANACOM 2014