PortugalDecreto-Lei n.º 57/2017, Radio Equipment, Network Protection, Privacy and Fraud Requirements
Decreto-Lei n.º 57/2017, de 9 de junho, artigos 4.º e 7.º
In force since .
A product security requirements rule binding private bodies.
- Private right of action
- No
- Obligation class
- Security
What it requires
- 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).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Autoridade Nacional de Comunicações (ANACOM) and the Autoridade de Segurança Alimentar e Económica (ASAE), which supervise compliance (Article 39).
Settledness
- As of
What this law does
Decreto-Lei n.º 57/2017 entered into force on the day after its publication on . Article 1 states that Decreto-Lei n.º 57/2017 transposes the Radio Equipment Directive, Directive 2014/53/EU. Article 4(3) requires radio equipment of the categories or classes a Commission delegated act specifies not to harm the network or misuse network resources, to include safeguards protecting the personal data and privacy of the user and subscriber, and to include features protecting against fraud.
Article 7 allows only radio equipment that complies with the Decree-Law to be made available on the market. Article 39 gives supervision of compliance with the Decree-Law to ANACOM and the Autoridade de Segurança Alimentar e Económica (ASAE). Article 1(1) of Commission Delegated Regulation (EU) 2022/30 applies the network-protection requirement of Article 3(3)(d) of Directive 2014/53/EU to any radio equipment that can communicate itself over the internet.
Article 1(3) of that Delegated Regulation applies the fraud-protection requirement of Article 3(3)(f) to internet-connected radio equipment that enables the holder or user to transfer money, monetary value or virtual currency.
When LexLint raises it
When your app profile says your app distributes a software product.
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