Portugal: Introduced Bill No. 32/XVI/1st to implement Digital Services Act, including designating competent authorities and coordinator, outlining intermediary obligations, and establishing sanctions framework

On 4 November 2024, the Bill No. 32/XVI/1st implementing the Digital Services Act (DSA) (Regulation (EU) 2022/2065) was presented to the Parliament. The Bill designates the National Communications Authority (ANACOM) as the Digital Services Coordinator, responsible for supervising and executing DSA obligations. ANACOM serves as the single point of contact with the European Commission, the European Board for Digital Services (EBDS), and Coordinators of Digital Services in other EU Member States. Additionally, the Portuguese Regulatory Authority for the Media (ERC) and the Portuguese Data Protection Authority (CNPD) are designated as competent authorities, each with specified powers and investigative capabilities, including conducting physical inspections. The Bill introduces provisions to regulate intermediary service providers, very large online platforms (VLOPs), and other entities under the DSA. It specifies elements to be included in decisions by competent authorities regarding illegal content and information requirements and outlines obligations for intermediary service providers. The sanctions regime established by the Bill outlines maximum monetary penalties ranging from 1%-6% of the total worldwide turnover of the preceding year for companies in violation. The Bill also defines the criteria for calculating fines and provides for administrative procedures, including the possibility for service providers to contest decisions.