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Can you summarize Law 41/2004 (In Portuguese)?
Portugal Laws - Others > Law 41/2004 (In Portuguese)
Short Summary
Law no. 41/2004, of 18 of August, transposes Directive 2002/58/EC of the European Parliament and the Council into national law. It governs the processing of personal data and the protection of privacy in the electronic communications sector. The law applies to undertakings providing networks and electronic communications services. It ensures the security and confidentiality of electronic communications, prohibits interception or surveillance of communications without explicit consent, and regulates the storage and access to information. The law also covers the processing of traffic data and location data, the provision of itemized billing, identification of calling line and connected line, and directories of subscribers. Breaches of the law can result in fines ranging from 500 to 5,000,000.
Whom does it apply to?
Undertakings providing networks and undertakings providing electronic communications services
What does it govern?
Processing of personal data and the protection of privacy in the electronic communications sector
What are exemptions?
Exceptions necessary for the protection of activities concerning public security, defence, State security, and the prevention, investigation and prosecution of criminal offences
What are the Penalties?
Breaches are liable to fines ranging from 500 to 5,000,000
Jurisdiction
Portugal