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    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Party Declarations and reservations : Declarations regarding Articles 24, 27 and 35; no reservations. See legal profile

Cybercrime policies/strategies

The government of Portugal published its National Strategy for Cyberspace Security for the period 2019 – 2023 on the 5th of June 2019. The strategy sets an equally strong accent on cybercrime as on cybersecurity and cyberdefence. Cybercrime is understood as the facts corresponding to crimes typified in the Cybercrime Law and other criminal offenses committed using technological means, in which these means are essential to the execution of the crime in question. The strategy is organised around 3 Strategic Objectives:

  • 1. Maximize resilience
  • 2. Promote innovation
  • 3. Generate and guarantee resources

The Objectives should be attained by focusing on the following Axis:

  • Axis 1: Cyberspace security structure;
  • Axis 2: Prevention, education and awareness;
  • Axis 3: Cyberspace and infrastructures protection ;
  • Axis 4: Response to threats and combating cybercrime;
  • Axis 5: Research, development and innovation;
  • Axis 6: National and international cooperation.

Axis 4, on cybercrime, acknowledges the need for a revision and update of existing legislation. It specifies the need to adjust criminal procedure rules to the existing global challenges, in particular in regard with possible transborder access to computer data, cooperation with global internet providers and speeding up online investigative actions, including those related to covert actions. Another mentioned priority is considering the update of the existing legal framework for the seizure of e-mail and other electronic communication.

Specialised institutions

Within the Prosecution Service, there is a specialized Cybercrime Office, whose scope is to coordinate all the activities of the Prosecutor Service, nationwide. There is no such a structure regarding judges.

Furthermore, Polícia Judiciária, the investigative police, has a National Directorate unit on cybercrime based in Lisbon.

The telecom companies’ activities are submitted to the regulation of ANACOM – National Authority for Telecommunications.

There is also a Data Protection National Commission – CNPD.

Finally, a National Centre for Cybersecurity was established in 2012.

Jurisprudence/case law

Updated jurisprudence on cybercrime and digital evidence is regularly published (in Portuguese, only), on the portal of the Cybercrime Office (

Sources and links

PGR - Cybercrime Office (Prosecutor General's Office)

PJ – Polícia Judiciária

ANACOM - National Authority for Telecommunications.

CNPD - Data Protection National Commission

FCCN – Foundation for Sciences and Technologies

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These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 


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