Law no. 41/2004, of 18 August, which transposes to the national legal order Directive 2002/58/EC, of the European Parliament and of the Council, of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector, shall enter into force on the 19th of August 2004. Article 13 of that Directive, which concerns unsolicited communications, has already been transposed, within the context of Decree-Law no. 7/2004, of 7 January, regarding information society services, particularly the electronic commerce.
The Directive now fully transposed integrates the Community regulatory package applicable to electronic communications, known as the “99 Review”, the remaining associated instruments having been transposed through the Law of Electronic Communications (Regicom) – Law no. 5/2004, of 10 February.
Law no. 41/2004, published on the 18th of August, specifies and complements the provisions of Law no. 67/98, of 26 October (Law on the Protection of Personal Data), governing matters such as security and inviolability of electronic communications, storage and access to information, processing of traffic and location data, itemised billing, functionalities of identification of calling and connected line and of automatic call forwarding, directories of subscribers, among others.
The sanctioning regime identifies the related breaches, determining fines from € 500 to € 25.000, as regards natural persons, and from 2.500 to 5.000.000, if breaches have been performed by legal persons.
Consult:
- Law no. 41/2004, of 18 of August https://www.anacom.pt/render.jsp?contentId=976164
Related information on ANACOM's website:
- Decree-Law no. 7/2004, of 7 January https://www.anacom.pt/render.jsp?contentId=976170
- Electronic Communications Law https://www.anacom.pt/render.jsp?categoryId=333113
- Law no. 67/98, of 26 of October https://www.anacom.pt/render.jsp?contentId=976192
- Electronic communications - regulatory framework (2002) https://www.anacom.pt/render.jsp?contentId=130696
