Abreu Advogados

Abreu Advogados is an independent Law Firm that in 25 years grew from 6 to over 300 people by successfully applying a 3Q policy - Technical Quality, Organizational Quality and Human Quality. Our international footprint is also a reality: Abreu International Legal Solutions created six desks with highly experienced lawyers in international law who work closely with renowned local partners in emerging economies, such as Angola, Brazil, Cape-Verde, China, Mozambique and Timor-Leste. This allows the firm to provide a smoother experience in jurisdictions where legal risks would usually be higher. When you think of law firms, are you closed minded? Abreu Advogados opens minds every day. Our claim is “ Future in Practice. ”, and we stand for transparency, team work, flexibility and agility, partnering with our clients to pursue their goals. We always aim for innovation along with quality. This is how “an opened minded law firm” must positioning itself nowadays. By breaking barriers from offices to practices, talents and capabilities, we create an ecosystem that brings each project to life. At Abreu Advogados there is a team that matches every client. We work with multidisciplinary teams, bringing together lawyers from needed practices and with expertise in the client’s sector, always having in mind the clients’ needs, to deliver the best legal advice By fostering conversations through a close and clear relationship, we translate legalese to the language you want to speak. At Abreu Advogados we speak everything from Latin to JavaScript so nothing is left up to interpretation. By challeging the status quo through a culture of transparency, we are pioneers of gender equality and diversity. Abreu Advogados has an open door policy, because ideas have no hierarchy and debate crosses all areas and generations. By putting the Future into Progress through constant monitoring, we anticipate global changes in minds and markets. At Abreu Advogados we have specialists focused on innovation and new technologies. Abreu Advogados has a dedicated team specialised in privacy and data security matters. Through our Data Protection and Cybersecurity Service, we offer solutions that ensure compliance with the applicable legislation on data protection and cybersecurity. We manage projects aimed at verifying compliance with the General Data Protection Regulation (GDPR) and other applicable legislation, at assessing impacts on personal data protection, as well as at the assessment of cybersecurity-associated risks, both from a strictly legal perspective and from a technical perspective. In the latter case, we have set up partnerships with other entities for the purpose. Our work has involved an assortment of clients, from big multinationals to small and medium-sized national enterprises, guiding them in audits – assessing how they gather, process and protect the personal data of the customers or clients, workers and third parties they have dealings with – and providing advice on the day-to-day management of privacy issues, particularly as regards compliance with the guidelines issued by the Portuguese supervisory authority. Our work provides full coverage for all the areas of substance related to privacy and data protection owing to our experience with clients from a wide variety of leading companies in various sectors, including consumer goods, banking and financial services, health services, internet services, pharmaceuticals, telecommunications, and so on …

Representatives

Ricardo Henriques

partner

Contact

Publications

• The Mischief of Mismanagement: Tale of a Breach of the GDPRIn early 2022, the Portuguese National Data Protection Supervisory Authority (“CNPD”) accused Lisbon’s Municipality of retaining demonstrators’ and protestors’ personal information for longer than necessary and sharing it with national and foreign public entities without proper legal basis, in breach of the principle of data minimization, without having previously conducted a data protection impact assessment and in breach of their obligations to inform data subjects about data processing operations. This Article provides an overview of the Administrative Court Decision that, almost two and a half years later, confirms the impressions of the CNPD and fines the Municipality in over one million euros for its mischief in the management of personal data.17 September 2024
• Finding the balance between fighting crime and privacy: an Update to the use of Metadata in Criminal ProsecutionOn October 13, 2023, the Portuguese Parliament approved an updated version of Law No. 32/2008, which had been declared unconstitutional in April 2022. The community is now waiting for a new preventive judgement of constitutionality on the use of communications metadata in criminal investigation. This Article offers an overview of key modifications and attempts to provide some insight into the content of the impending decision7 December 2023
• Smile, you're being recorded!Following the American and European trend, Portugal is now one of the countries that has determined the use of Bodycams by security forces in some situations. With the entry into force of this regime, it remains to be seen whether the personal data and privacy of citizens will be effectively protected.25 May 2023
• Analysis of the recent activity of the Portuguese Supervisory Authority - What to expect?It has been perceived that the sanctioning activity of the Portuguese Supervisory Authority has been fundamentally focused on public entities, which may suggest that for private companies the verification of compliance with GDPR has been less demanding. An example is the recent CNPD's Resolution that applied a fine of EUR 170,000 as well as two reprimands, for the practice of four administrative offences related to the processing of personal data of refugees from Ukraine displaced in Portugal. This sanction originated from a news article published by a Portuguese newspaper which, among other aspects, portrayed the execution of copies of documents belonging to refugees, in the presence of Russian citizens, in a Portuguese City Hall.21 December 2022
• Finding a balance between fighting crime and privacy – the use of metadataLast April, the Portuguese Constitutional Court declared unconstitutional the provisions of articles 4, 6, and 9 of Law 32/2008 of July 17, which transposed into Portuguese law Directive 2006/24/EC of March 15, on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (also known as the "Metadata Law"), thereby raising the metadata subject to the top of the most discussed topics of the moment.29 July 2022
• New draft law on the "right to be forgotten" for those who have overcome serious illnessLast October, the Portuguese parliament approved in a final vote a draft law that establishes the "right to be forgotten", preventing people who have overcome serious illnesses from being discriminated against when accessing credit or insurance. This draft law is an important step not only in the field of data protection but also in the protection of human rights and the battle against discrimination.22 November 2021
• Portuguese Data Protection Authority activity report 2019/2020As part of the fulfilment of the duties assigned to it by the General Data Protection Regulation (hereinafter “GDPR”), the National Commission for Data Protection (hereinafter “CNPD”) has published its most recent activity report, which concerns the work carried out in the years 2019 and 2020. We have summarized the main highlights characterizing the work of the CNPD in the last two years.19 May 2021
• Scientific Research across Europe. Does the GDPR ensure an aligned approach?The GDPR aims to establish a uniform legal framework applicable to the processing of personal data across Europe, while allowing Member States to legislate differently with regard to specific matters. One of those matters is the processing of personal data for scientific research purposes. Does EU Member States law, specific Portuguese law, prevent an aligned approach with regard to the processing of personal data for scientific research?7 December 2020
• 2 years of GDPR, 1 year of Portuguese implementation lawThe 25th of May marked the second anniversary of the application of the General Data Protection Regulation (GDPR) in the European Union.2 July 2020
• Portuguese Law implementing GDPR finally approvedOn the 14th of June 2019 (one year later than expected) Portugal has finally approved Draft Law no. 120/XIII/3.ª (GOV), implementing the (EU) Regulation 2016/679 (General Data Protection Regulation or GDPR) in Portugal.26 June 2019
• Portuguese GDPR implementation legislationEven though the GDPR is directly applicable in the Member States, it has left open the possibility for Member States to enact national legislation implementing different solutions for certain aspects, the so called opening clauses.15 March 2018