PortugalDecreto-Lei n.º 7/2004, Articles 20 and 21, Identification of Commercial Communications Online
Artigos 20.º e 21.º do Decreto-Lei n.º 7/2004, de 7 de janeiro
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- In an advertising communication provided at a distance by electronic means, clearly identify, so that an average recipient grasps them easily, the advertising nature of the message as soon as it is presented on the terminal and in a conspicuous way, the advertiser, and any promotional offers such as discounts, prizes or gifts and any promotional contests or games, together with the conditions attached to them.
These lines are LexLint's reading of the law's text, as of .
In the frameworks
- NIST Privacy Framework
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
What this law does
Article 21 of Decreto-Lei 7/2004 requires the advertising nature of a distance advertising communication provided by electronic means, the advertiser, and the promotional offers such as discounts, prizes and gifts and promotional contests or games, with their conditions, to be clearly identified so that an average recipient grasps them easily.
Under Article 20, paragraph 1, messages that merely identify or give access to an economic operator, or identify goods, services or an operator's image objectively in collections or lists, and messages promoting ideas, principles, initiatives or institutions, are not advertising communications in a network. Article 5 of Lei 46/2012 repealed Article 22 of Decreto-Lei 7/2004, the former rule on unsolicited communications, which Article 13-A of Lei 41/2004 now carries.
Decreto-Lei 7/2004 was published in the Diário da República of . Article 2(2) of Lei 74/98 brings an act with no fixed day into force on the 5th day after publication, and article 2(4) counts that period from the day after publication, so the Decreto-Lei entered into force on .
When LexLint raises it
When your app profile says your app sends automated outreach.