Sofia Ribeiro Branco (Partner) writes an opinion article for Jornal Económico on the challenges of the sanctioning framework for privacy matters.

Are companies complying with the rules on data collection and processing and are they preparing for the reported marathon inspections by supervisory authorities? Will the CNPD, in Portugal, adopt a more educational and enlightening or more punitive stance?
The Courts, especially that of Competition, Regulation and Supervision, have dealt with issues of misdemeanour law which are common to all sanctioning regimes and which will surely arise in proceedings for privacy misdemeanours, namely the extension of the right of defence, the procedural rights of the companies concerned, the validity of the means of proof and obtaining proof, or the consideration of compliance as a defense argument. But how will the courts deal with some specific privacy issues?

Read the article here.