Distributes a software product, in Portugal

Decreto-Lei n.º 57/2017, de 9 de junho, artigos 4.º e 7.º · Read the law's page

• This binds a manufacturer, importer or distributor of radio equipment made available in Portugal. The network-protection, personal-data and privacy, and fraud-protection requirements of Article 4(3)(d) to (f) apply to the categories or classes that a Commission delegated act specifies, and Commission Delegated Regulation (EU) 2022/30 specifies internet-connected radio equipment for the network-protection requirement and internet-connected equipment that can transfer money, monetary value or virtual currency for the fraud-protection requirement (Article 1).
• Build radio equipment of those categories so that it does not harm the network or its functioning and does not misuse network resources in a way that degrades service unacceptably (Article 4(3)(d)).
• Include safeguards that protect the personal data and privacy of the user and subscriber (Article 4(3)(e)).
• Include features that protect against fraud (Article 4(3)(f)).
• Make radio equipment available on the Portuguese market only if it complies with this Decree-Law (Article 7).

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 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).