Tiago Rodriguese-legal



The General Data Protection Regulation (“GDPR”) entered into force on May 25, 2018, modifying the legal framework related to personal data. The new regulation is applicable to all organizations established in EU territory and to those located outside the EU dealing with personal data of European residents.

With the GDPR, the data controller will be responsible for the compliance of the law since they are subject to the inspection of the supervisory authority. In addition, the GDPR establish new principles, concepts and rights for data subjects, while imposing new obligations for organizations, from a legal, technical and organizational point of view. The failure to comply with the GDPR may result in the application of heavy fines.

It is also worth to highlight the new rules on the Civil Registry Code, established by the Decree-Law no. 51/2018 of 25 of June, aiming to improve the relationship of the citizens with the Public Administration and the modernization of the public services, by simplifying procedures and access to relevant data.

Regarding to case-law, note the Judgment of the Constitutional Court no. 242/2018, of June 7, which declares unconstitutional, with general obligatory force, the norm of article 7, n. 3 of Law 34/2004, of July 29, in the wording given by Law no. 47/2007, of August 28, in the part in which it closes, in a preliminary and absolute manner (that is, always and in any circumstance) the access of legal persons to public and free legal protection, regardless of their specific economic situation.

Finally, at miscellaneous level, it should be noted the amendment to the Procedural Regulation of the Patent Cooperation Treaty.


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