Ricardo Henriques explains how Portuguese Employment Law intersects with data protection and privacy issues in a OneTrust DataGuidance guide
Ricardo Henriques is the author of the guide “Portugal – Employment 2025”, published by OneTrust DataGuidance, which is intended to serve as a practical reference for companies and lawyers by explaining how Portuguese Employment Law interacts with data protection, recruitment, remote working, and new technologies (including AI).
The document begins by outlining the applicable legislative framework, highlighting the Labour Code, the General Data Protection Regulation (GDPR), and Law no. 58/2019, as well as the role of the National Data Protection Commission (CNPD) and its rulings on matters such as video surveillance, geolocation, electronic communications, health, and remote work.
One of the most topical issues addressed is the use of artificial intelligence and automated decision-making in recruitment and performance evaluation processes. These systems require transparency, prior information to employees, and guarantees of human intervention. Under the European Union’s new AI Act, they are classified as high-risk, which entails additional certification and compliance requirements.
The guide also reinforces workers’ rights, namely access to, rectification, and erasure of data, as well as the obligation of employers to provide clear and accessible privacy policies.
Read the full document here.
