AI regulation in Portugal: laws & policy (2026)
AI in Portugal: comprehensive law.
As an EU member state, Portugal is governed by the EU AI Act, a comprehensive, risk-based horizontal AI law that is directly applicable and phasing in (prohibitions and AI-literacy duties since February 2025; GPAI rules from August 2025; full high-risk obligations by August 2026). Portugal has not enacted a standalone national AI statute; instead it focuses on national implementation, designating ANACOM in September 2025 as the lead market surveillance authority coordinating sectoral regulators. Portugal also maintains a non-binding national strategy, AI Portugal 2030, under the INCoDe.2030 initiative.
Legal framework
EU Artificial Intelligence Act (Regulation (EU) 2024/1689), directly applicable in Portugal, with ANACOM (Autoridade Nacional de Comunicações) designated as the national market surveillance authority and single point of contact; complemented by the AI Portugal 2030 national strategy.
The EU AI Act in Portugal
In Portugal, artificial intelligence is governed by the EU AI Act, the first comprehensive AI law, which applies directly as an EU regulation.
- Framework
- the EU AI Act (Regulation (EU) 2024/1689)
- Approach
- risk-based: unacceptable-risk AI is banned, high-risk AI faces strict duties, limited-risk AI has transparency rules
- General-purpose AI
- transparency duties for all GPAI models; systemic-risk models add safety and evaluation obligations
- Timeline
- phased: prohibitions from Feb 2025, GPAI rules from Aug 2025, most high-risk obligations from Aug 2026
- Maximum fine
- €35 million or 7% of global annual turnover for prohibited-AI breaches
- Oversight
- national market-surveillance authorities, coordinated by the EU AI Office
The AI Act is an EU regulation applied directly in Portugal; national market-surveillance authorities handle enforcement.
Key points: artificial intelligence in Portugal
EU AI Act applies directly
The EU AI Act is a directly-applicable EU regulation establishing a risk-based framework (prohibited, high-risk, limited-risk, minimal-risk) that governs AI in Portugal without needing transposition; phased application runs from February 2025 through full high-risk obligations by 2 August 2026.
artificialintelligenceact.eu ai-act-service-desk.ec.europa.eu
National authority: ANACOM
By a September 2025 Council of Ministers Resolution, Portugal designated ANACOM (Autoridade Nacional de Comunicações) as the national market surveillance authority and single point of contact for the AI Act.
Coordinated sectoral supervision
ANACOM coordinates a network of sectoral competent authorities (e.g. ERC for media, GNS/National Security Office, financial inspectorate IGF, Judicial Police, and education/justice inspectorates) that supervise AI within their respective domains.
Data protection interface (CNPD)
The Comissão Nacional de Proteção de Dados (CNPD), Portugal's data protection authority, oversees AI processing of personal data under GDPR and is among the authorities protecting fundamental rights under Article 77 of the AI Act.
National strategy: AI Portugal 2030
Portugal's non-binding national AI strategy, AI Portugal 2030, published in 2019 under the INCoDe.2030 initiative, sets priorities for skills, research, innovation ecosystems and public-sector adoption; an updated Agenda Nacional de IA was advanced in 2025 around innovation, talent and infrastructure.
No standalone national AI law
Portugal has not enacted a dedicated domestic AI statute; its regulatory posture is to implement and enforce the directly-applicable EU AI Act and coordinate national supervision rather than legislate separately.
The EU AI Act in Portugal: FAQ
Does the EU AI Act apply in Portugal?
Yes. As an EU member, Portugal is covered by the EU AI Act (Regulation (EU) 2024/1689), which applies directly.
What does the EU AI Act regulate in Portugal?
It uses a risk-based approach: unacceptable-risk AI is banned, high-risk AI faces strict obligations, and general-purpose AI models carry transparency duties.
When does the EU AI Act take effect in Portugal?
It is phased: prohibitions applied from February 2025, general-purpose-AI rules from August 2025, and most high-risk obligations from August 2026.
What are the penalties under the EU AI Act in Portugal?
Up to €35 million or 7% of global annual turnover for breaching the prohibited-AI rules, with lower tiers for other breaches.
Timeline of decisions
- Law · officialNational AI Agenda (ANIA) and Action Plan 2026-2030 adopted
Resolution of the Council of Ministers 2/2026 formally approves the Agenda Nacional de Inteligência Artificial (ANIA), a 32-initiative framework across four pillars, infrastructure & data, innovation & adoption, talent & skills, and responsibility & ethics, targeting a 10-15-fold increase in national compute capacity by 2030 and an estimated €18-22 billion GDP uplift. This is Portugal's primary domestic AI policy instrument, sitting alongside the directly applicable EU AI Act.
Diário da República
- Decision · officialANACOM designated as Portugal's national AI market-surveillance authority
The Portuguese government named ANACOM (the telecoms regulator) as the national market-surveillance authority and single point of contact under the EU AI Act, announced at ANACOM's annual AI regulation conference in Lisbon, six weeks after Portugal had missed the EU's 2 August 2025 deadline. ANACOM coordinates enforcement with 14 sectoral authorities including the CNPD, Banco de Portugal, and CMVM.
ANACOM
- DecisionPortugal designates ANACOM as national AI Act market surveillance authority
The government appointed ANACOM (the telecom regulator) as national market surveillance authority under the EU AI Act, while CNPD retains competence wherever AI systems process personal data, establishing a split-authority governance model for AI regulation.
CMS Expert Guide
- Law · officialLaw 27/2021: Portuguese Charter of Human Rights in the Digital Era enacted
Portugal enacted the Carta Portuguesa de Direitos Humanos na Era Digital, among the first laws globally to codify AI-specific rights: algorithmic decisions with significant impact must be communicated, auditable, and subject to appeal; AI development must respect transparency, explicability, security, and accountability; and the principles of beneficence, non-maleficence, autonomy, and justice govern robotic and autonomous systems. Principle-based but legally binding on public bodies, it underpins subsequent AI governance.
European Commission / Better Internet for Kids
- Guidance · officialAI Portugal 2030 national strategy published, one of the EU's first
The Portuguese government published AI Portugal 2030 under the INCoDe.2030 umbrella, making Portugal one of the first EU member states to adopt a national AI strategy. Its seven pillars covered skills, public-sector AI adoption, research, Portugal as a 'living lab,' and niche AI export markets, and it aligned explicitly with the EU's Coordinated Plan on AI, setting the foundational policy architecture for all subsequent domestic AI initiatives.
INCoDe.2030 / Portuguese Government
Sources
- artificialintelligenceact.eu/national-implementation-plans/
- ai-act-service-desk.ec.europa.eu/en/ai-act/timeline/timeline-implementation-eu-ai-act
- digital.gov.pt/regulamentacao/ai-act/lista-de-entidades-que-supervisionam-a-protecao
- cms.law/en/int/expert-guides/ai-regulation-scanner/portugal
- practiceguides.chambers.com/practice-guides/artificial-intelligence-2025/portugal
- incode2030.gov.pt/aip-2030/
- oecd.ai/en/dashboards/policy-initiatives/ai-portugal-2030-national-strategy-f
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