PortugalLei n.º 82/2021 (Law on Removal and Blocking of Access to Copyright-Protected Content Online), Duties of Network Intermediary Service Providers
Lei n.º 82/2021, de 30 de novembro
In force since .
A notice and action rule binding private bodies.
- Obligation class
- Prohibition, Reporting
As of .
What it requires
- If you are a mere-conduit or internet access provider, a content-linking provider, or a storage provider whose servers hold the content, remove or block access to the copyright-protected content the inspector-general of cultural activities determines, within 48 hours of the notification, including by blocking a URL, a DNS name or an IP address (Article 5(1) and (2)).
- Where the IGAC notifies you that a time-limited delay would defeat the measure, act as soon as possible after the notification (Article 5(5)).
- Inform the IGAC at once when you learn of manifestly unlawful activity through your services, and meet requests to identify the recipients with whom you have storage agreements (Article 5(4)).
If you get it wrong
Penalty structure
Article 11(1) sets the fine for a breach of Article 5(1), (2), (4) and (5) at EUR 5,000 to EUR 100,000.
- Rule
- Fixed only
- As of
- Minimum
- 5,000
- Currency
- EUR
- Fixed cap
- 100,000
Who enforces it
Enforcement body
The Inspeção-Geral das Atividades Culturais (IGAC), which Article 11(2) charges with investigating the administrative offence proceedings and applying the fines.
What this law does
Article 2 makes the Inspeção-Geral das Atividades Culturais (IGAC) the sectoral supervisory entity for copyright and related rights under the law and gives the inspector-general of cultural activities the power to determine the removal or blocking of access to protected content.
Article 3(1) requires the IGAC, when it identifies the unauthorized availability of protected content on a website or service, to notify the person responsible to stop it and remove the service or content within 48 hours. Article 3(4) requires the IGAC, once that period has run without the availability ending, to notify the network intermediary service providers to remove or block access to the content.
Article 5(1) obliges network intermediary service providers to comply, within 48 hours of notification, with the determinations of the inspector-general to remove or block access to protected content. Article 5(2) names the providers bound: mere-conduit and internet access providers, content-linking providers, and storage providers where the protected content is stored on their servers.
Article 5(4) also requires network intermediary service providers to inform the IGAC at once when they learn of manifestly unlawful activity through their services and to meet requests to identify recipients with whom they have storage agreements. Article 11(1) punishes a breach of Article 5(1), (2), (4) and (5) with a fine of EUR 5,000 to EUR 100,000.
Article 1(2) excludes the online content-sharing service providers defined in the Directive on copyright in the Digital Single Market, which are liable under Article 17 of that Directive and the legislation that transposes it. Article 13 provides that the law enters into force 60 days after its publication.
When LexLint raises it
When your app profile says your app operates a social platform or reuses other publishers' content.