Spamming Under The Law Of Portugal

In Portugal, unsolicited commercial communications, also referred to as spamming, are regulated by the Act 69/98 of October 26, 1998 on the Protection of Personal Data (the “Personal Data Protection Act,” which implements European Directive 97/66 on the Processing of Personal Data and the Protection of Privacy in the Telecommunication Sector (the “Privacy Protection Directive.”) This latter Directive has been repealed and replaced by European Directive 2002/58/EC on Privacy and Electronic Communications that came into force on July 31, 2002 (the “Electronic Privacy Directive.”)

The following questions have been addressed in this article:

What are the main provisions of the Electronic Privacy Directive?
What rules apply to spamming under the law of Portugal?
What are the powers of the Personal Data Protection Agency?


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