PT EU member state
Cookie consent rules in Portugal
What Lei 41/2004, art. 5 and the CNPD expect from your cookie banner: when you need consent, how the reject option should look, and what has been enforced.
Sources checked 28 October 2026. Not legal advice.
Cookie law
Lei n.º 41/2004 (Law 41/2004 on privacy in electronic communications), Article 5
Official guidance
Banner languages
Portuguese
What the rules say
- Prior consent is required after clear, comprehensive information, including purposes.
- Transmission and storage strictly necessary for a requested service are exempt.
- The CNPD states explicitly that analytics cookies require consent.
- You're responsible for every cookie your site lets onto a device, including third-party cookies.
- Public-sector websites get extra scrutiny, because citizens may have no alternative.
How PrivacyPill handles this
- Nothing optional runs before a choice. Google tags start with Consent Mode v2 set to denied; other scripts marked with data-pp-category wait until their category is allowed.
- Equal first-layer buttons. "Accept all" and "Reject non-essential" sit side by side with the same weight, and a settings button lets visitors withdraw consent at any time.
- Consent per purpose. Analytics, marketing and functional cookies can be allowed separately in the preferences panel.
- Languages. Portuguese isn't built in yet — rewrite the English texts in the customizer to show your own translation.
- Proof of consent. Every choice is logged pseudonymously with the banner version, exportable as CSV.
Frequently asked questions
Sources
- diariodarepublica.pt/dr/legislacao-consolidada/lei/2004-106523049
- www.cnpd.pt/media/x2zdus50/nota-informativa-cnpd_cookies_20210625.pdf
This page summarises official sources checked on 28 October 2026. It isn't legal advice; regulators update guidance, so follow the links for the current text.