Since February of this year, Decree-Law No. 20-B/2024 has been in force, implementing Regulation (EU) 2022/2065 on digital services into the Portuguese legal framework.

The purpose of this Regulation is to establish a safer and more efficient digital market, while laying down clear rules for online platforms and intermediary services. It also seeks to provide users within the European Union with a higher level of protection, while facilitating the free movement of digital services across the Member States.

In practical terms, the new rules establish the conditions under which providers of intermediary services may benefit from exemptions from liability for third-party content; lay down specific obligations for certain categories of intermediary service providers, such as online platforms; and regulate cooperation and coordination between the competent authorities of the different EU Member States.

These digital services act as intermediaries between users and other online content or services, including the transmission of information, caching and hosting services.