On November 4, 2024, a bill implementing the Digital Services Act (DSA) was presented to the Parliament.

What are the main aspects of the bill?

The bill introduces elements to be included by competent authorities in decisions to act against illegal content and in decisions requiring information. In addition, the bill determines the obligations of intermediary service providers.

Competent authorities

The bill designates the following as competent authorities under the DSA:

• the National Communications Authority (ANACOM);
• the Portuguese Regulatory Authority for the Media (ERC); and
• the Portuguese data protection authority (CNPD).

ANACOM is designated as the Coordinator of Digital Services, responsible for the supervision and execution of the DSA in Portugal, and serves as the single point of contact with the European Commission, the European Board for Digital Services, and other EU Member State's Coordinators of Digital Services.

The bill establishes the powers and tasks of the ERC and the CNPD in the context of the DSA. The bill also clarifies that the competent authorities under the DSA have investigative powers, including the power to conduct physical inspections.

Sanctions regime

The bill sets out the possible sanctions and corrective measures that can be applied. The maximum monetary penalties range from 1%-6% of the total worldwide turnover of the preceding year for companies. The bill also provides for the criteria for calculating the amount of the fines.

The bill establishes the administrative procedure to be followed, including the possibility of service providers to contest a decision.

You can read the bill, only available in Portuguese, here.