Individual project

Legal basis of electronic commerce
The legal basis of electronic commerce (e-commerce) in Portugal is mainly governed by the following laws and regulations: Electronic Commerce Law (Lei do Comércio Eletrónico): This law establishes the legal framework for e-commerce activities in Portugal, including the rights and obligations of businesses and consumers engaged in electronic transactions. Consumer Protection Law (Lei de Defesa do Consumidor): This law provides protection for consumers engaged in e-commerce transactions, including provisions for refunds, returns, and product warranties. Data Protection Law (Lei de Proteção de Dados): This law regulates the collection, use, and processing of personal data in e-commerce transactions, including requirements for obtaining consent and protecting the privacy of consumers. Distance Selling Law (Lei de Vendas à Distância): This law applies to e-commerce transactions where the consumer is not physically present at the seller's premises, such as online purchases, and provides additional protections for consumers, including the right of withdrawal and information requirements. Electronic Signature Law (Lei da Assinatura Eletrónica): This law establishes the legal framework for electronic signatures, which are used to authenticate and verify the identity of parties engaged in e-commerce transactions. In addition to these laws, e-commerce activities in Portugal are also subject to EU regulations and directives related to electronic commerce, data protection, and consumer rights.

Directive on electronic commerce (2000/31/EC): This is an EU directive that establishes the legal framework for e-commerce activities across the European Union. It covers issues such as the liability of online service providers, electronic contracts, and online dispute resolution. Directive on consumer rights (2011/83/EU): This is another EU directive that provides additional protections for consumers engaged in e-commerce transactions, such as the right to information, right of withdrawal, and delivery requirements. General Data Protection Regulation (GDPR): This is an EU regulation that sets out the rules for the collection, processing, and storage of personal data in the EU, including in e-commerce transactions. It provides consumers with enhanced rights over their personal data, and requires businesses to implement measures to protect this data. Electronic Identification and Trust Services Regulation (eIDAS): This is an EU regulation that establishes a framework for the use of electronic identification and trust services, such as electronic signatures and seals, across the EU. It aims to facilitate cross-border electronic transactions and increase trust in e-commerce activities. Code of Ethics for E-commerce (Código de Ética do Comércio Eletrónico): This is a voluntary code of ethics developed by the Portuguese Association of Electronic Commerce (Associação Portuguesa de Comércio Eletrónico) that sets out best practices for businesses engaged in e-commerce activities, such as transparency, fairness, and respect for consumer privacy.
Value Added Tax (VAT): E-commerce businesses selling goods or services to consumers in Portugal are subject to VAT, which is a tax on the value added to a product or service at each stage of production or distribution. The current standard rate of VAT in Portugal is 23%. Payment Services Directive (PSD2): This is an EU directive that sets out rules for payment services, including online payments, in the EU. It aims to increase the security of online payments and promote competition among payment service providers. Electronic Invoicing (e-invoicing): In Portugal, businesses engaged in e-commerce activities must issue electronic invoices (e-invoices) to their customers. E-invoicing is mandatory for businesses with an annual turnover of €75,000 or more, and voluntary for smaller businesses. Electronic registered delivery service: This is a service that allows businesses to send legal and administrative documents, such as invoices and contracts, securely and electronically. In Portugal, the electronic registered delivery service is provided by the National Postal Service (CTT). Competition Law (Lei da Concorrência): This is a law that regulates competition between businesses in Portugal, including those engaged in e-commerce activities. It prohibits anti-competitive practices, such as price fixing and market sharing, and aims to promote fair competition and protect consumers.
Electronic prescriptions: In Portugal, healthcare professionals can issue electronic prescriptions for medications, which can be filled by pharmacies online. The use of electronic prescriptions is regulated by the National Health Service (Serviço Nacional de Saúde) and aims to improve patient safety and reduce errors. Intellectual Property Law (Lei da Propriedade Intelectual): This law regulates intellectual property rights in Portugal, including those related to e-commerce activities, such as trademarks, patents, and copyrights. It provides businesses with legal protection for their intellectual property and encourages innovation and creativity. Cookies Law (Lei das Cookies): This is a law that regulates the use of cookies on websites and other online platforms. In Portugal, businesses engaged in e-commerce activities must obtain the consent of website visitors before using cookies, and must provide clear information on the purpose of the cookies and how they are used. Cybersecurity Law (Lei de Cibersegurança): This is a law that aims to strengthen the cybersecurity of public and private sector entities in Portugal, including those engaged in e-commerce activities. It establishes a framework for the protection of critical infrastructure, the prevention of cyber threats, and the response to cybersecurity incidents. Electronic communications and networks: The use of electronic communications and networks is regulated by the Electronic Communications Law (Lei das Comunicações Eletrónicas) in Portugal. This law aims to promote competition, investment, and innovation in the telecommunications sector, and to ensure the availability and quality of electronic communication services for consumers and businesses. By complying with these laws and regulations, e-commerce businesses in Portugal can operate legally and securely, and can provide consumers with the necessary protections and guarantees. It is important for businesses to keep up-to-date with any changes to these laws and regulations, as non-compliance can result in fines, legal action, and damage to their reputation.
Personal Data Protection Law (Lei de Proteção de Dados Pessoais): This is a law that regulates the processing of personal data in Portugal, including that of e-commerce businesses. The law is based on the EU's General Data Protection Regulation (GDPR) and aims to protect individuals' rights to privacy and the security of their personal data. Distance Selling Law (Lei de Vendas à Distância): This law regulates contracts for distance selling, which includes e-commerce transactions where the consumer and the seller are not physically present in the same place. The law sets out the rights and obligations of both the consumer and the seller, and aims to protect consumers from fraudulent or misleading practices. Consumer Protection Law (Lei de Defesa do Consumidor): This is a law that sets out the rights and obligations of consumers and businesses engaged in e-commerce activities in Portugal. The law aims to protect consumers from unfair or abusive commercial practices, and requires businesses to provide clear and accurate information about their products or services, including pricing, delivery, and returns. Electronic Signature Law (Lei da Assinatura Eletrónica): This law regulates the use of electronic signatures in Portugal, which are used to authenticate and verify electronic documents and transactions. The law sets out the requirements for electronic signatures to be considered legally valid, and aims to promote the use of electronic signatures to facilitate e-commerce and other electronic transactions. Copyright Law (Lei do Direito de Autor): This is a law that regulates copyright in Portugal, including that of e-commerce businesses. The law aims to protect the intellectual property rights of creators and owners of original works, including literary, artistic, and scientific works, and to promote innovation and creativity.
By complying with these laws and regulations, e-commerce businesses in Portugal can operate legally and successfully, and can provide consumers with the necessary protections and guarantees. It is important for businesses to stay up-to-date with any changes to these laws and regulations, as non-compliance can result in fines, legal action, and damage to their reputation.