Simão de Sant’Ana, Leonor Sá Frade and Catarina Rodrigues Rocha are the authors of the update to the Portugal chapter included in the Third Country Assessment Guidance Note, published by OneTrust DataGuidance.
This contribution consists of an in-depth legal analysis of the national framework on data protection in the context of international data transfers, addressing the main pillars of the applicable legal and institutional framework.
In the area of the rule of law and fundamental rights, the chapter highlights that Portugal is a democratic state governed by the rule of law, with robust constitutional safeguards, including the protection of rights, freedoms and guarantees, as well as the separation of powers. It also underlines the country’s commitment to the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union, as well as the adoption of the Portuguese Charter of Human Rights in the Digital Age.
The chapter also addresses the rights of data subjects, including the right of access, rectification and erasure, as well as the right not to be subject to decisions based solely on automated processing, including profiling, which produce legal effects or significantly affect them.
