Artificial Intelligence law at Portugal
Portugal is aligning its Artificial Intelligence (AI) regulations with the European Union's Artificial Intelligence Act (EU AI Act), which came into force on 1 August 2024. As an EU member state, Portugal is committed to implementing the EU AI Act, which aims to ensure that AI developed and used in the EU is trustworthy, with safeguards to protect people's fundamental rights. The regulation establishes a harmonised internal market for AI in the EU, encouraging the uptake of this technology and creating a supportive environment for innovation and investment. (AICEP)
🇵🇹 National Developments and Strategy
Portugal has been proactive in preparing for the EU AI Act's implementation. The National Artificial Intelligence Strategy, "AI Portugal 2030," was adopted in 2019 with the aim of promoting and mobilizing society for teaching and research, innovation, and the development of AI-supported products and services. The strategy focuses on enhancing scientific excellence, economic growth, and human development through AI technologies. (Digital Skills and Jobs Platform)
In addition to the national strategy, Portugal has established Technological Free Zones (Zonas Livres Tecnológicas – ZLTs), which are real-life geographical areas set up as regulatory sandboxes. These zones aim to promote and facilitate research, development, and testing activities related to innovative technologies, including AI, across all industries. (Global Legal Insights)
The Agency for Administrative Modernisation (AMA) has also published a guide for ethical, transparent, and responsible AI in the public administration. This guide provides an overview of the main characteristics of AI, the AI market, and the Portuguese ecosystem, presenting a series of principles that must be followed in the use of AI systems by public administration. (Global Legal Insights)
⚖️ Regulatory Oversight
As of now, Portugal has not yet designated a specific national authority to oversee the implementation of the EU AI Act. However, existing national regulatory authorities are expected to continue to exercise their powers under their competencies if AI impacts them. For example, the National Data Protection Authority (CNPD) is responsible for personal data and GDPR enforcement, while the National Communications Authority (ANACOM) oversees telecommunications and e-commerce. The Competition Authority (AdC) monitors market competition, and consumer protection agencies handle consumer rights protection. (Global Practice Guides)
🧭 Implementation Timeline
The majority of the EU AI Act's rules will start applying on 2 August 2026. However, prohibitions of AI systems deemed to present an unacceptable risk will already apply after six months, while the rules for general-purpose AI models will apply after 12 months. To bridge the transitional period before full implementation, the European Commission has launched the AI Pact, inviting AI developers to voluntarily adopt key obligations of the AI Act ahead of the legal deadlines. (AICEP)
🧠 Public Engagement and Dialogue
Portugal has been actively engaging various stakeholders in discussions about AI regulation. The Bridge AI Conference, held on 19 October 2024, gathered experts, business leaders, and policymakers to discuss the challenges and opportunities in implementing the EU AI Act. Organized under the INESC-ID project, Bridge AI, the event aimed to position Portugal as a leader in responsible AI innovation. The conference featured key discussions on the technical and legal challenges of regulating AI, while ensuring that innovation is not stifled. (inesc-id.pt)
📌 Summary
EU AI Act: Portugal is implementing the EU AI Act, which came into force on 1 August 2024, aiming to ensure trustworthy AI with safeguards to protect fundamental rights.(AICEP)
National Strategy: The "AI Portugal 2030" strategy promotes AI development through scientific excellence, economic growth, and human development.(Digital Skills and Jobs Platform)
Technological Free Zones: Regulatory sandboxes (ZLTs) have been established to facilitate AI research and testing.(Global Legal Insights)
Regulatory Oversight: Existing national authorities are expected to oversee AI regulation, with roles potentially overlapping with their current responsibilities.
Implementation Timeline: Full application of the EU AI Act's rules is set for 2 August 2026, with certain provisions applying earlier.(AICEP)
Public Engagement: Stakeholder discussions, such as the Bridge AI Conference, are ongoing to shape responsible AI regulation in Portugal.(Champalimaud Foundation)
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