AI Legislative Guide |
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Portugal |
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(Europe)
Firm
Morais Leitão, Galvão Teles, Soares Da Silva & Associados
Contributors
Nicole Fortunato |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | Yes. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | Legislation includes:
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| Which agency regulates the use of AI in your jurisdiction? | Under Article 77 of Regulation 2024/1689 of 13 June 2024, Portugal has designated 14 authorities responsible for overseeing and ensuring compliance with EU legislation on fundamental rights in relation to high-risk AI systems. These authorities will enforce EU obligations within their respective domains. Beyond its supervisory and enforcement functions, ANACOM will take on the role of ensuring the coordination of the appointed authorities. The appointed authorities are as follows:
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AI Legislative Guide
Portugal
(Europe) Firm Morais Leitão, Galvão Teles, Soares Da Silva & AssociadosContributors Nicole Fortunato
Updated 31 Jan 2025
Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)?
Yes.
Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation.
Legislation includes:
- Law 27/2021, of May 17 - Portuguese Charter of Human Rights in the Digital Era (in particular article 9 which refers explicitly to the use of AI and Robots)
- Law 13/2023 of April 3 amended the Labour Code (approved by Law 7/2009 of February 12), ensuring that decision-making based on algorithms or other AI systems may not compromise the right to equal opportunities and equal treatment in access to employment, vocational training, career advancement, or working conditions.
- Decree-Law no. 47/2023 of 19 June transposed into Portuguese law Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and neighboring rights in the Digital Single Market, amending Directives 96/9/EC (on the legal protection of databases) and 2001/29/EC (on the harmonization of certain aspects of copyright and neighboring rights in the information society).
The aforementioned Decree-Law amended the Portuguese Copyright and Neighbouring Rights Code, introducing new provisions on text and data mining.
Which agency regulates the use of AI in your jurisdiction?
Under Article 77 of Regulation 2024/1689 of 13 June 2024, Portugal has designated 14 authorities responsible for overseeing and ensuring compliance with EU legislation on fundamental rights in relation to high-risk AI systems. These authorities will enforce EU obligations within their respective domains. Beyond its supervisory and enforcement functions, ANACOM will take on the role of ensuring the coordination of the appointed authorities. The appointed authorities are as follows:
- National Communications Authority (Autoridade Nacional de Comunicações – "ANACOM")
- General Inspectorate of Finance (Inspeção-Geral das Finanças – "IGF")
- National Security Office (Gabinete Nacional de Segurança – "GNS")
- Regulatory Authority for the Media (Entidade Reguladora para a Comunicação Social – "ERC")
- General Inspection of National Defence (Inspeção-Geral da Defesa Nacional – "IGDN")
- General Inspectorate of Justice Services (Inspeção-Geral dos Serviços de Justiça – "IGSJ")
- Judiciary Police (Polícia Judiciária – "PJ")
- General Inspectorate of Internal Administration (Inspeção-Geral da Administração Interna – "IGAI")
- General Inspectorate of Education and Science (Inspeção-Geral da Educação e Ciência – "IGEC")
- Health Regulatory Authority (Entidade Reguladora da Saúde – "ERS")
- Food and Economic Safety Authority (Autoridade de Segurança Alimentar e Económica – "ASAE")
- General Inspectorate of the Ministry of Labour, Solidarity and Social Security (Inspeção-Geral do Ministério do Trabalho, Solidariedade e Segurança Social – "IGMTSSS")
- Authority for Working Conditions (Autoridade para as Condições do Trabalho – "ACT")
- Energy Services Regulatory Authority (Entidade Reguladora dos Serviços Energéticos – "ERSE")