PortugalLaw 46/2006, prohibition of discrimination on grounds of disability
Lei n.º 46/2006, de 28 de agosto, arts. 1.º a 4.º, 6.º a 11.º, 15.º e 16.º
In force since .
A disability discrimination rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- Law 46/2006 sets no technical accessibility standard for a website or app; it prohibits discrimination on grounds of disability by any natural or legal person, public or private (Arts. 1 and 2).
- Do not refuse to supply goods or services to a person with a disability, or prevent their enjoyment, because of the disability (Art. 4(a)); do not prevent or limit access to or normal exercise of an economic activity (Art. 4(b)).
- Do not adopt measures that limit access to new technologies for persons with disabilities (Art. 4(m)).
- Do not apply an apparently neutral provision, criterion or practice liable to put persons with disabilities at a disadvantage unless it is objectively justified by a legitimate aim and the means used are appropriate and necessary (Art. 3(b)).
- If a person alleges discrimination and presents facts that suggest it, expect to have to prove that the difference in treatment rests on none of the factors the Act lists (Art. 6(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionYes
Penalty structure
Article 9(1) and (2) of Lei 46/2006, as reworded by Lei 75/2021, fine a discriminatory act 5 to 10 times the guaranteed monthly minimum wage for a natural person and 20 to 30 times for a legal person under private or public law. With the minimum wage for mainland Portugal at EUR 920 from (Decreto-Lei 139/2025, Articles 2, 3 and 7), that is EUR 4,600 to EUR 9,200 for a natural person and EUR 18,400 to EUR 27,600 for a legal person (computed); the Autonomous Regions set their own minimum wage. Article 11 doubles both limits for recidivism, to EUR 9,200 to EUR 18,400 and EUR 36,800 to EUR 55,200 (computed). Attempt and negligence are punishable (Article 9(3)); as Article 9 does not distinguish negligent conduct, Article 17(4) of Decreto-Lei 433/82 limits a negligent act to half the maximum. Article 9(4) lets the authority or the court, at the offender's request, replace the fine in whole or in part with days of work. Article 10 adds accessory sanctions, among them publication of the decision, public warning or censure, deprivation of the right to take part in public tenders and suspension of licences, for at most two years (Article 10(2)). Article 13(1) punishes a fact that is both a crime and an offence as a crime only. Under Articles 3 and 4 of Decreto-Lei 34/2007 the inspectorate, regulator or other body whose remit covers the subject of the offence investigates and imposes the fine, and Article 6 of that Decree-Law shares the proceeds 60 percent to the State, 20 percent to the Instituto Nacional para a Reabilitação and 20 percent to the investigating body.
- Rule
- Fixed only
- As of
- Minimum
- 4,600
- Currency
- EUR
- Fixed cap
- 27,600
Who enforces it
Enforcement body
The inspectorate, regulator or other body with inspection or sanctioning powers whose remit covers the subject of the offence investigates and imposes the fines (Decreto-Lei 34/2007, Articles 3 and 4, made under Article 16 of Lei 46/2006); Article 8(1) of the Act gives the Secretariado Nacional para a Reabilitação e Integração das Pessoas com Deficiência the task of following its application, and the procedure is copied to the Instituto Nacional para a Reabilitação (Decreto-Lei 34/2007, Article 3(2)).
Settledness
- As of
- Open questions
- Does Article 4(a) or Article 4(m) of Law 46/2006 reach the website or the mobile application of a private provider of goods or services outside the bodies that Decreto-Lei 83/2018 covers?
What this law does
Lei 46/2006 prohibits and punishes discrimination on grounds of disability and of aggravated health risk. Article 2(1) binds all natural and legal persons, public or private. Article 4 lists among the discriminatory practices against persons with disabilities the refusal to supply goods or services or the prevention of their enjoyment, the prevention or limitation of access to and normal exercise of an economic activity, and the adoption of measures that limit access to new technologies.
Article 3(b) defines indirect discrimination as an apparently neutral provision, criterion or practice liable to put persons with disabilities at a disadvantage, unless it is objectively justified by a legitimate aim and the means used are appropriate and necessary. Article 6 puts on the person who alleges discrimination the burden of presenting facts that suggest it, and on the other party the burden of proving that the differences in treatment rest on none of the factors listed.
Article 7(1) gives a person with a disability who suffers a discriminatory act the right to compensation for pecuniary and non-pecuniary damage under the general rules. Article 7(3) requires a final civil judgment against the discriminating party to be published, at that party's expense, in a national daily newspaper.
Article 9, as reworded by Lei 75/2021, makes a discriminatory act by a natural person an administrative offence fined 5 to 10 times the guaranteed monthly minimum wage, and by a legal person under private or public law 20 to 30 times that wage. Decreto-Lei 139/2025 sets the guaranteed monthly minimum wage for mainland Portugal at EUR 920 from , which puts those fines at EUR 4,600 to EUR 9,200 for a natural person and EUR 18,400 to EUR 27,600 for a legal person (computed).
Article 9(3) makes attempt and negligence punishable. Article 9(4) lets the authority or the court, at the offender's request, replace the fine in whole or in part with days of work for the State or for institutions that serve persons with disabilities. Article 11 doubles the minimum and maximum of those fines for recidivism. Article 10 allows accessory sanctions beside the fine, among them publication of the conviction and public warning or censure of the authors of the discriminatory practice.
Article 15 gives disability organisations standing to intervene in court proceedings in support of the person concerned, with that person's approval, and to follow the administrative offence proceedings. Article 8(1) has the Secretariado Nacional para a Reabilitação e Integração das Pessoas com Deficiência follow the application of the Act. Article 16 leaves it to the Government to define the administrative entities competent to apply the fines.
Decreto-Lei 34/2007, made under Article 16, gives the investigation of the offences and the imposition of the fines to the inspectorate, regulator or other body with inspection or sanctioning powers whose remit covers the subject of the offence, and requires any person aware of a possible offence to report it to the minister responsible for disability, the Instituto Nacional para a Reabilitação, the national council for the rehabilitation of persons with disabilities or the competent body.
Article 13(1) of Decreto-Lei 83/2018, the law on the accessibility of the websites and mobile applications of public bodies, gives a person with a disability treated less favourably, in a way that is a discriminatory practice under Article 4 of Lei 46/2006, a complaint route under Decreto-Lei 34/2007. Lei 75/2021 made the first amendment to Lei 46/2006. Article 4 of Lei 75/2021 rewords Articles 3 and 9 of Lei 46/2006. Lei 75/2021 took effect on . Article 17 brings the Act into force on the day after its publication, save for the provisions with a budgetary impact.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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