Ships a mobile app, in Portugal

Decreto-Lei n.º 84/2021, de 18 de outubro (conformidade de bens, conteúdos e serviços digitais), artigos 8.º e 29.º · Read the law's page

• If you sell goods with digital elements to a consumer in Portugal, ensure that the updates, including security updates, needed to keep the goods in conformity are communicated and supplied to the consumer for the period the consumer could reasonably expect; for a continuous supply, the period is two years where the supply lasts up to two years and the duration of the contract where it lasts longer (Article 8(1) to (3)).
• If you supply digital content or a digital service to a consumer in Portugal, ensure that the updates, including security updates, needed to keep it in conformity are communicated and supplied to the consumer for the period the consumer could reasonably expect where the contract provides one act or a series of acts of supply, and for the whole period of supply where it provides a continuous supply (Article 29(3) and (4)).
• Supply digital content and services with the security characteristics that are usual and expected for content or services of the same type (Article 29(1)(b)).
• Tell the consumer that an update is available and what happens if it is not installed, and give correct installation instructions, to rely on the consumer's failure to install it (Article 8(4) and Article 29(5)).

Decreto-Lei n.º 82/2022, de 6 de dezembro, produtos, arts. 2.º n.º 1, 7.º a 12.º, 14.º a 24.º, 28.º e 29.º · Read the law's page

• If you manufacture a product listed in Article 2(1) of Decreto-Lei 82/2022, design and make it to the accessibility requirements of Sections I and II of Annex I to Portaria 220/2023 (Section I only for a self-service terminal), from 28 June 2025 (Art. 7(1), Art. 39(1); Directive (EU) 2019/882, Art. 4(2)).
• Draw up the technical documentation, apply the conformity assessment procedure of Annex I to the Decree-Law, draw up the EU declaration of conformity and affix the CE marking (Art. 7(2)(a) and (b)); keep the technical documentation and the declaration for five years after placing the product on the market (Art. 7(2)(c)).
• Keep procedures that maintain the conformity of series production, identify the product by type, batch or serial number, show your name, registered trade name or mark and contact address, and supply Portuguese-language instructions and safety information (Art. 7(2)(d) to (g)).
• If you place a non-conforming product on the market, take the corrective measures needed to bring it into conformity or withdraw it, inform the competent authorities of the Member States where you made it available, and keep a register of non-conforming products and of the related complaints (Art. 7(2)(h)); give the market surveillance authorities the information and documentation they ask for, in Portuguese among other languages, and cooperate with their actions (Art. 7(2)(i) and (j)).
• If you are an authorised representative, keep the EU declaration of conformity and the technical documentation available to the authorities for five years, supply the information and documentation they ask for, and cooperate with their actions (Art. 8(2)); you do not carry the manufacturer's duty in Art. 7(1) or the technical documentation (Art. 8(3)).
• If you are an importer, place on the market only products that conform, after checking that the manufacturer applied the conformity assessment procedure, drew up the technical documentation, affixed the CE marking and met the identification, name and Portuguese-language requirements; keep a copy of the EU declaration of conformity for five years (Art. 9(1) and (2)).
• If you are an importer, refrain from placing a non-conforming product on the market until it conforms and inform the manufacturer and the authorities (Art. 9(3)); Art. 7(2)(h) to (j) also apply to you (Art. 9(4), as corrected by Declaração de Retificação 5/2023).
• If you are a distributor, before making a product available verify the CE marking, the Portuguese-language documents, instructions and safety information, and the manufacturer's and importer's marking; refrain from placing a non-conforming product on the market, take corrective measures, and cooperate with the authorities (Art. 10).
• If you place a product on the market under your own name or mark, or modify it so that conformity may be affected, you carry the manufacturer's duties (Art. 11).
• On request of the market surveillance authorities, identify the operators that supplied you and those you supplied for at least five years (Art. 12).
• Cooperate with the market surveillance authorities, in particular by giving them access to your premises, and supply all the information they need (Art. 20(2)); if the authority finds a formal non-compliance, such as a missing or wrongly affixed CE marking, a missing or incorrect EU declaration of conformity or missing technical documentation, end it when ordered, or the product can be restricted, recalled or withdrawn (Art. 23).
• If you rely on the fundamental-alteration or disproportionate-burden defence, assess it yourself, document the assessment and keep the results for five years from the last time the product was made available, and tell the authority of the Member State where the product was placed on the market (Art. 14(2), (3) and (8)); a microenterprise in the products sector does not document the assessment or notify, and supplies the relevant information on request (Art. 14(4), (5) and (9)); the EU declaration of conformity states that the requirements are subject to the exception (Art. 16(1)).
• If you are a microenterprise in the products sector, the Decree-Law applies to you with the lighter documentation and notification rules of Art. 14(4), (5) and (9); the Directive's definition applies: an enterprise which employs fewer than 10 persons and which has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million (Art. 3; Directive (EU) 2019/882, Art. 3(23)).

Decreto-Lei n.º 82/2022, de 6 de dezembro, serviços, arts. 2.º n.º 3 a 5, 4.º, 5.º, 13.º a 15.º, 25.º, 34.º, 36.º e 38.º · Read the law's page

• If you provide a service listed in Article 2(3) of Decreto-Lei 82/2022 to consumers, provide it only if it meets the accessibility requirements of the Decree-Law, which Portaria 220/2023 sets out in Annex I (Art. 4(1), Art. 13(1)); the Decree-Law has applied since 28 June 2025 (Art. 39(1)).
• If you offer e-commerce services, banking or financial services, electronic communications services, services that give access to audiovisual media services, or the websites, mobile applications, e-tickets and travel information of passenger transport, expect the supervising authority of your sector to check these services against the accessibility requirements (Art. 2(3), Art. 25(1), Art. 28(1)).
• Explain how your services meet the applicable accessibility requirements, in writing and orally, in a manner accessible to persons with disabilities, and keep that information for as long as the service is available (Art. 13(2)(b)); the explanation goes in the terms and conditions or an equivalent document (Annex II, point 1).
• Keep procedures that maintain the conformity of the service when its characteristics, the accessibility requirements or the harmonised standards change (Art. 13(2)(c)).
• If a service does not conform, adopt the corrective measures needed and inform the competent authorities of every Member State where you provide it, with the information on the non-conformity and the measures taken (Art. 13(2)(d)); give the supervising authority, on a reasoned request, the information and documentation it needs, in Portuguese among other languages, and cooperate with its actions (Art. 13(2)(e) and (f)).
• If you rely on the fundamental-alteration or disproportionate-burden defence, assess it yourself, document the assessment and keep the results for five years from the last time the service was supplied, and give the authority a copy on request (Art. 14(2) and (3)).
• If you rely on the disproportionate-burden defence for a service, update the assessment for each category or type of service when the service changes, when the authority asks, and at least every five years (Art. 14(6)); you cannot rely on it if you receive public or private funding, other than your own resources, made available to improve accessibility (Art. 14(7)).
• If you rely on the fundamental-alteration or disproportionate-burden defence for a specific service, inform the competent authority of the Member State where you provide it (Art. 14(8)).
• If you provide passenger air, bus, rail or waterborne transport services, meeting the accessible-information and accessibility-information requirements of Regulations (EC) 261/2004, (EC) 1107/2006, (EC) 1371/2007, (EU) 1177/2010 and (EU) 181/2011 counts as meeting the corresponding requirements of the Decree-Law, and its additional requirements still apply (Art. 5(1) and (3)).
• If you are a microenterprise providing services, the Decree-Law does not apply to you (Art. 2(5)(b)); Article 3 takes the definition from Directive (EU) 2019/882, Article 3(23): an enterprise which employs fewer than 10 persons and which has an annual turnover not exceeding EUR 2 million or an annual balance sheet total not exceeding EUR 2 million.
• A service provider whose facilities were lawfully in use before 28 June 2025 may keep providing the covered services with the products it lawfully used for similar services until 28 June 2030 (Art. 38(1)); self-service terminals used for services before that date may stay in use until the end of their economic useful life, for no more than 20 years after entering into service (Art. 38(4)).

Portaria n.º 220/2023, de 20 de julho, arts. 1.º a 4.º e anexos I e II · Read the law's page

• If you provide a service covered by Decreto-Lei 82/2022, make your websites, their online applications and your mobile services, including mobile applications, accessible in a consistent and adequate way by making them perceivable, operable, understandable and robust (Portaria 220/2023, Art. 2(2)(a), Annex I, Section III(c)); the Portaria names no technical standard.
• Provide information on how your service works, and on its accessibility features and interoperability with assistive devices, through more than one sensory channel, in an understandable and perceivable form, in text formats that can be rendered in other ways, and with a textual alternative for non-text content (Annex I, Section III(b)).
• Where you offer support services such as technical assistance, call centres or training, give information on the accessibility of the service and its compatibility with assistive technologies in accessible modes of communication (Annex I, Section III(d)).
• If you provide consumer banking services, offer identification methods, electronic signatures, security and payment services that are perceivable, operable, understandable and robust, and keep information at or below level B2 of the Common European Framework of Reference for Languages (Annex I, Section IV(e)).
• If you provide e-commerce services, give accessible information on the accessibility of the products and services sold, and make identification, security and payment functions perceivable, operable, understandable and robust (Annex I, Section IV(g)).
• If you provide an electronic communications service, provide real-time text in addition to voice, total conversation where you provide video, and synchronised voice, text and video in emergency communications passed to the most appropriate public safety answering point (Annex I, Section IV(a)).
• If you provide a service that gives access to audiovisual media services, provide perceivable, operable, understandable and robust electronic programme guides, and transmit subtitles for the deaf and hard of hearing, audio description, spoken subtitles and sign language interpretation with adequate quality, in sync with sound and video, and under the user's control (Annex I, Section IV(b)).
• If you provide passenger air, bus, rail, maritime or inland waterway transport services, provide information on the accessibility of vehicles, infrastructure and assistance, and on smart ticketing and real-time travel information (Annex I, Section IV(c)); for urban, suburban and regional transport services make the self-service terminals you use accessible (Annex I, Section IV(d)).
• If you provide e-books, deliver text and audio synchronised, do not block assistive technology, give access to the content structure, and supply accessibility metadata (Annex I, Section IV(f)).
• If you manufacture a product within Decreto-Lei 82/2022, design it so that persons with disabilities can perceive, use, understand and operate it, with more than one sensory channel, alternatives to speech and to colour, adjustable magnification, brightness and contrast, and accessible information on its operation and accessibility features (Annex I, Sections I and II; self-service terminals meet Section I only).
• If you rely on the disproportionate-burden defence, base the assessment on the ratio of the net costs of compliance to the total cost of making, distributing or importing the product or providing the service, on the estimate of the costs and benefits to you against the benefits to persons with disabilities, and on the ratio of the net costs to your net turnover (Art. 3, Annex II as republished by Declaração de Retificação 17/2023).

Decreto-Lei n.º 383/89, de 6 de novembro · Read the law's page

• The Decree-Law treats a product as any movable thing, incorporated in another thing or not; it is not settled whether that reaches software supplied on its own (Art. 3(1); Civil Code, Arts. 202 and 205).
• If you manufacture a finished product, a component or a raw material, or present yourself as the producer by putting your name, trade mark or another distinguishing sign on a product, you answer without fault for damage its defects cause (Arts. 1 and 2(1)).
• If you import products into the Community in the course of your commercial activity for sale, hire, leasing or another form of distribution, you answer as the producer (Art. 2(2)(a)).
• If you supply a product whose Community producer or importer is not identified, tell the injured person in writing, within three months of written notice, who the producer, the importer or a preceding supplier is, or you answer as the producer (Art. 2(2)(b)).
• Offer the safety that can legitimately be expected, judged by all the circumstances, including how you present the product, the use that can reasonably be made of it and when it entered into circulation (Art. 4(1)).
• Be able to prove one of the exclusions: that you did not put the product into circulation, that the defect can reasonably be taken not to have existed when you did, that you did not make or distribute it for an economic purpose or in your professional activity, that the defect is due to conformity with mandatory public rules, that the state of scientific and technical knowledge then did not allow the defect to be detected, or, for a component, that the defect is attributable to the design of the product it was incorporated in or to its manufacturer's instructions (Art. 5).
• If several persons are responsible for the damage, each answers jointly, and the intervention of a third party that contributed to the damage does not reduce your liability (Arts. 6(1) and 7(2)).
• Do not rely on a contract term to exclude or limit your liability to the injured person: such a term is treated as unwritten (Art. 10).