Joana Bernardo analyses the main implications of the new legitimate interest representation regime, the situations that may raise questions regarding its application, and the procedures organisations should adopt in an interview with the Portuguese Association of Shopping Centres (APCC).
The so-called “Lobbying Law” establishes a new framework for interactions between private and public entities. According to Joana Bernardo, “the most significant change is the paradigm shift in the relationship between private and public entities”, which will become more transparent through the prior registration of organisations and the disclosure of interactions covered by the new regime.
The VdA Partner highlights the broad scope of the concept of legitimate interest representation, which may encompass a wide range of contacts, including informal interactions. “These are the ‘grey areas’ that will ultimately have to be assessed on a case-by-case basis,” she explains.
The interview also addresses the obligations associated with the Transparency Register for Interest Representation (RTRI), which will become fully operational on 1 January 2027, as well as the need for organisations to appoint an individual responsible for interest representation, adopt the Code of Conduct established by law and adapt their internal procedures.
For Joana Bernardo, “the entry into force of the Lobbying Law provides an excellent opportunity to revisit and strengthen these procedures, ensuring that interest representation is carried out in full compliance with the law and that the duties of conduct imposed by the Law on private entities are also incorporated into internal procedures”.
With specific regard to shopping centres, the interview examines the impact of the new regime on contacts with municipalities, regulatory authorities and other public bodies, including the mechanisms designed to safeguard the confidentiality of information subject to trade secrecy, personal data protection or other protection regimes.
Joana Bernardo recommends that organisations begin preparing the information required for registration, identify the activities and employees involved in interest representation, and provide specific training on the new regime.
