Regulation of Digital Services in Portugal – Law No. 12-A/2026 of 15 April
Law No. 12-A/2026 of 15 April entered into force on 15 April 2026 and implements Regulation (EU) 2022/2065, commonly known as the Digital Services Act (“DSA”), into the Portuguese legal framework. The law establishes a structured national regime for the regulation of digital services and introduces amendments to the legal framework governing e-commerce and the organisation of the judicial system.
The new law consolidates, at national level, the European rules applicable to providers of intermediary services, including mere conduit, caching and hosting services, online platforms, and search engines. It establishes specific obligations concerning the handling of illegal content and cooperation with public authorities. In practice, service providers are now required to comply, within the applicable deadlines, with judicial or administrative orders to remove or block illegal content and to provide information relating to users or groups of users, provided that such orders comply with the applicable formal legal requirements.
At institutional level, the law designates the National Communications Authority (“ANACOM”) as Portugal’s Digital Services Coordinator. ANACOM is granted extensive supervisory, investigative and enforcement powers, acting as the national point of contact with the European Commission, the European Board for Digital Services and equivalent authorities in other Member States. Its powers include requesting information, carrying out inspections, ordering the cessation of infringements, and imposing fines and periodic penalty payments.
The legislation also adopts a shared supervision model by assigning specific responsibilities to other regulatory authorities. The Media Regulatory Authority (“ERC”) will oversee matters relating to content, advertising and the protection of minors, while the Portuguese Data Protection Authority (“CNPD”) will supervise matters involving the processing of personal data and profile-based advertising. This framework increases both regulatory coordination and compliance complexity for digital operators.
In addition, the law introduces formal cooperation mechanisms between public authorities and relevant entities, including obligations relating to collaboration and information sharing. It also establishes an Advisory Council composed of representatives from academia, civil society and the business sector, intended to support the implementation of the regime. Furthermore, a centralised electronic platform managed by the Digital Services Coordinator will be created to facilitate the transmission of orders, requests for information, inter-authority communications and user complaints.
From an enforcement perspective, the law introduces a comprehensive administrative offences regime aligned with the DSA. The framework covers a broad range of infringements, including failures to comply with transparency obligations, inadequate content moderation systems, non-compliance with orders issued by authorities, irregularities in advertising and recommender systems, and breaches of rules protecting minors. In the most serious cases, fines may reach up to 6% of the offender’s worldwide annual turnover or income. Periodic penalty payments of up to 5% of the average daily turnover may also be imposed for each day of non-compliance, for a maximum period of 30 days.
The law further provides for preventive and corrective measures, including the possibility of compliance commitments, the adoption of provisional measures where there is a risk of serious harm and, in exceptional circumstances, temporary restrictions on access to digital services or interfaces through judicial intervention.
From a practical perspective, Law No. 12-A/2026 significantly increases compliance obligations for digital service providers operating in Portugal. Companies will need to implement effective internal procedures for responding to requests from authorities, establish notice-and-action mechanisms for illegal content, create complaint-handling systems, and ensure that transparency policies are fully aligned with the DSA framework. At the same time, the law strengthens user protection by promoting greater transparency, more effective enforcement mechanisms and a safer digital environment.
This legislation marks an important step in consolidating the European model for digital services regulation at national level, combining strong administrative oversight, a robust enforcement regime and enhanced institutional cooperation, with a significant impact on the governance and operation of the digital sector in Portugal.
Our assistance
Our multidisciplinary team is available to assist clients with the legal and regulatory challenges arising from the introduction of new legislation, drawing on the experience of our Technology, Media and Telecommunications, FinTech, Litigation and Dispute Resolution, and Corporate and Commercial practices. Our support may include assessing the applicability of the new regime, reviewing contractual and operational documentation, advising on interactions with competent authorities, supporting compliance programmes, and assisting with risk prevention and enforcement matters.
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