Below, you will find the edition of the Competition Law and Policy Newsletter for the 4th quarter of 2018, which compiles the most significant news in this area. IN FOCUS: PORTUGAL I. COURTS Aptoide wins court battle against Google II. COMPETITION AUTHORITY Portuguese Competition Authority publishes definitive version of Issues Paper on technological innovation and competition in the financial sector
Decree-Law no. 2/2018 of 23 of August has now entered into force. It approves the new Land Registry Code (CRP) and repeals the previous CRP approved by Decree-Law no. 47.611 of 28 March 1967, which was in force for 49 years and applied in Mozambique by virtue of Ministerial Order no. 23944 of 15 March 1969. The new CRP is a response to the need to modernise and increase the efficiency and effectiveness of public services by creating and implementing […]
The Tech Visa is intended to bring greater efficiency to the granting of residence visas or residence permits for highly qualified immigrant workers that wish to work in Portugal. It therefore helps companies to attract and retain specialist talent. The Tech Visa programme was approved by Ministerial Order 328/2018 of 19 December. This programme defines the system of certification of technological and innovative Portuguese companies wishing to bring in nationals of third states to do highly qualified work in Portugal.
The General Council of the Portuguese Bar Association («PBA») has finally announced its position on the situation of lawyers who act as Data Protection Officers («DPOs»). This announcement clarifies the PBA’s understanding on holding the position of DPO while practising as a lawyer. The PBA’s position appears in Opinion no. 14/PP/2018-G, published on 28 September 2018, where it concludes that simultaneously holding the position of lawyer and DPO is an impediment.
Under the GDPR, whenever the implementation of personal data processing «uses new technologies and, taking into account its nature, scope, context and purposes” it is liable to «a high risk to the rights and freedoms of natural persons», the data controller must carry out a DPIA
The practical question under consideration is whether, when tax debts are demanded from the subsidiary debtor in tax proceedings: (i) The subsidiary debtor can argue that those debts are time-barred, or (ii) Whether, by virtue of the declaration of the debtor’s insolvency, the limitation period will also be suspended.
Decree-Law no. 81/2018, of 15 October has been published and it implements a set of extraordinary measures to clear backlogs in the administrative and tax courts. At the same time, it creates teams of judges whose mission is to deal with cases awaiting a final decision in the administrative and tax courts that were filed before the end of 2012.
Presidential Decree no. 240/18 of 12 October (the “Regulation”) was published recently and further develops the framework of Law no. 5/18 of 10 May – the Competition Law. The Regulation clarifies and put into effect certain rules and procedures in the context of competition law. In particular, they address the rules on restrictive practices, merger control and procedural rules. In the context of restrictive practices, the Regulation clarifies the concept of dominant position and make it clear that such a […]
Announced in 2016 (following the 2016 Web Summit) and formally approved in 2017 (right before the 2017 Web Summit), the 200m Co-investment Fund (the «Fund») was set to increase the availability of equity and quasi-equity financial instruments to small and medium-sized enterprises (SMEs). It focuses on startups and follows a logic of co-investment with private parties.
The fourth amendment to Regulatory Decree no. 84/2008 of 5 November came into force on 1 October 2018. This Decree regulates Law no. 23/2007 of 4 July, which approves the legal rules on entry, stay, exit and removal of foreign nationals from Portuguese territory. With respect to Residence Permits for Investment Activity (the “Golden Visa”), this amendment regulates the new types of investment created in the latest amendment to Law no. 23/2007 of 4 July.