JD Supra (JD Supra Portugal)

Introduction - Data protection is being driven by rapid technological advances and the increasing digitalization of society. 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 execution in Portugal was...

Portugal has circa 10,3 million resident inhabitants and most of its population lives in sunny coastal areas. Important cities include the capital Lisbon, Porto (in the north), Coimbra (in the center), Faro (in southern Algarve), as well as Ponta Delgada (in the Azores) and Funchal (in Madeira). Portugal is a Republic since 1910, having in force the same Constitution since 1976. The...

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to its continental landmass, it also comprises the archipelagos of the Azores and Madeira. Portugal has around 10.3 million inhabitants.

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER PORTUGUESE LAW - I.INTRODUCTION – KEY ASPECTS OF PORTUGUESE LAW - DEFINITION OF INSOLVENCY AND LEGAL FRAMEWORK - Insolvency proceedings consist of a universal enforcement process, with the objective of satisfying creditors in the best possible way in an bankruptcy scenario, either by an insolvency plan based on the

Introduction This practical guide aggregates a total set of 150 questions and answers regarding the Law no. 13/2023, of April 3rd (called "2023 Reform”, with the Rectification Declaration no. 13/2023, of May 29th), which aims to correct and re-articulate to the main changes that occurred and entered into force last May 1st 2023. It should be noted that we have not exhausted all the issues and...

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER PORTUGUESE LAW - I. INTRODUCTION – KEY ASPECTS OF PORTUGUESE LAW - DEFINITION OF INSOLVENCY AND LEGAL FRAMEWORK - Insolvency proceedings consist of a universal enforcement process, with the objective of satisfying creditors in the best possible way in an bankruptcy scenario, either by an insolvency plan based on the...

[co-author: Diogo Vitorino Martins] Portugal has circa 10,3 million resident inhabitants and most of its population lives in sunny coastal areas. Important cities include the capital Lisbon, Porto (in the north), Coimbra (in the center), Faro (in southern Algarve), as well as Ponta Delgada (in the Azores) and Funchal (in Madeira). Portugal is a Republic since 1910, having in force the same...

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I.INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to its continental landmass, it also comprises the archipelagos of the Azores and Madeira. Portugal has around 10.3 million inhabitants. Portuguese territory is split up into...

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER PORTUGUESE LAW - I. INTRODUCTION – KEY ASPECTS OF PORTUGUESE LAW - DEFINITION OF INSOLVENCY AND LEGAL FRAMEWORK - Insolvency proceedings consist of a universal enforcement process, with the objective of satisfying creditors in the best possible way in an bankruptcy scenario, either by an insolvency plan based on the...

Portugal recently approved significant changes to the country’s telework regime. Law N° 83/2021, which took effect on January 1, 2022, (i) provides a new definition of telework, including certain remote working scenarios; (ii) partially extends the regime to non-workers with economic dependency; (iii) requires an agreement establishing new terms and conditions for teleworking (e.g., ownership of...

WLG asked member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for Portugal have been updated with new questions since its initial publication in January.

On 27 April 2021, the supervisory authority of Portugal (CNPD) issued a resolution that required the National Institute of Statistics (INE) to suspend, within twelve hours, the transfer of data collected as part of the 2021 census surveys to the US or any other third country without adequate data protection. The CNPD specifically referred to the decision of the Court of Justice of the European...

Portugal has circa 10,3 million resident inhabitants and most of its population lives in sunny coastal areas. Important cities include the capital Lisbon, Porto (in the north), Coimbra (in the center), Faro (in southern Algarve), as well as Ponta Delgada (in the Azores) and Funchal (in Madeira). Portugal is a Republic since 1910, having in force the same Constitution since 1976. The President,

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to its continental landmass, it also comprises the archipelagos of the Azores and Madeira. Portugal has around 10.2 million inhabitants. Portuguese territory is split up into...

World Law Group member firms recently collaborated on a Global Venture Capital Guide that covers more than 30 jurisdictions on investment approval processes, typical investment sectors and investment structures on Venture Capital deals (and more!).

On 1 January 2021, Portugal took over the baton of the rotating presidency of the Council of the EU from Germany for the coming six months. On 5 January 2021, the Portuguese Presidency of the Council released a new draft of the proposed ePrivacy Regulation that includes significant changes compared to the previous draft. The text was discussed in the meeting of the Working Party on...

Minimum Monthly Wage for 2020 - New Legislation Enacted - On November 21, 2019, the official gazette published Decree-Law No. 167/2019, which increased the minimum monthly wage to € 635,00, effective January 1, 2020.

Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? New legislation has been passed.

The Decree-law no. 108/2019, of August 13, published in Diário da República, introduced amendments to the Retirement Statute and created the new early retirement scheme. This decree-law reviews the early retirement scheme of the General Pension Fund’s (CGA) subscribers, bringing it closer to the general social security scheme.

What constitutes sexual harassment? Portuguese law foresees two types of harassment: 1. Sexual harassment which is a set of unwanted behaviors perceived as abusive of a physical nature, verbal or non-verbal, with the purpose or effect of gaining advantages, blackmail and even use of force or coercion strategies of the person’s will. 2. Psychological harassment which is a set of unwanted...

The Creation of the Contract-Generation Measure Introduces New Incentives for Hiring - New Legislation Enacted - On April 12, 2019, Decree no. 112-A/2019 was published on the official gazette (Diário da República), to regulate the creation and implementation of the Contract-Generation measure, which provides financial incentives to companies that hire for long-term employment young...

Portugal has circa 10,5 million resident inhabitants and most of its population lives in sunny coastal areas. Important cities include Lisbon, Porto (in the north), Coimbra (in the center), Faro (in southern Algarve), as well as Ponta Delgada (in the Azores) and Funchal (in Madeira). Portugal is a Republic since 1910, having in force the same Constitution since 1976. The President, the...

On January 17, 2019, the official gazette published Ordinance No. 23/2019, which increased the work accident pensions for 2019 by 1.60%. Such increase has a retroactive effect, from January 1, 2019, onwards.

1. What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both? The liability of defective products is regulated by the: • Portuguese Civil Code (Articles 913 to 922) which can be claimed by non-consumers; • Sale of Consumer Goods and Guarantees Law (Decree-Law No. 67/2003, dated of 8 April, as subsequently...

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east; in addition to its continental landmass, it also comprises the archipelagos of the Azores and Madeira. Portugal has around 10.3 million inhabitants. Portuguese territory is split up into...

New Rules on the Retirement Fund Certificates - New Legislation Enacted - By Decree-Law no. 82/2018 of October 16, 2018, and effective November 1, 2018, employers may contribute to employees’ Retirement Fund Certificates, as long as the employees have registered with the Public Capitalization Regime (PCR).

Implications of the EU’s GDPR on Employment Contracts - New Legislation Enacted - The EU’s General Data Protection Regulation (GDPR) 2016/679, of April 27, 2016, entered into force on May 25, 2018.

State Budget Law 42/2016 of December 28, 2017 - Enacted Legislation - Effective January 1, 2017, State Budget Law for 2017 introduced various modifications to the labor law landscape, which have had an immediate impact on the daily management of private companies, including...

1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? Pursuant to the Portuguese Employment Code, there is a transfer of an undertaking when there is a change of ownership of an undertaking or establishment or part of an undertaking or establishment that constitutes an economic unit, regardless of its cause (e.g. sale, break-up, merger)... Please see full Chapter...

The Bank of Portugal announced on Sunday 3 August 2014 that it applied its powers under the Decree law No 31/2012 of 10 February 2012 (the "Resolution Law") to split Banco Espirito Santo ("BES") into a "good bank" and "bad bank" (the "Restructuring") and to transfer certain of BES "good" assets and liabilities to "Novo Bank". Following the release by BES of its half year results, it was...