Article 36
(Punishment of negligence and attempt)
1. Negligence shall always be punished in relation to offences provided for in
Article 34.
2. Any attempt to commit an offence provided for in Articles 33 and 34 shall
always be liable to punishment.
Article 37
(Application of fines)
1. The president of the CNPD is responsible for the application of the fines
provided for in this Law subject to prior deliberation by the Commission.
2. The deliberations of the CNPD shall be enforceable if it is not challenged within
the statutory period.
Article 38
(Compliance with duty omitted)
Whenever the offence arises from omitting a duty, application of the penalty and
payment of the fine do not release the perpetrator from compliance with that duty, if it is
possible.
Article 39
(Distribution of proceeds collected)
The sums collected as a result of the application of fines shall be for the CNPD.
Subsection II
Crimes
Article 40
(Non-compliance with obligations relating to data protection)
1. It is punishable with imprisonment of up to one year or a fine of up to 120 days,
anyone who intentionally:
a) omits notifications or the application for authorisation referred to in Articles
23 and 24;
b) provides false information in the notification or in applications for
authorisation for the processing of personal data or makes alterations in the
latter which are not permitted by the legalisation instrument;
c) misappropriates or uses personal data in a form incompatible with the
purpose of the collection or with the legalisation instrument;
d) promotes or carries out an illegal combination of personal data;
e) fails to comply with the obligations provided for in this Law or in other data
protection legislation when the time limit fixed by the CNPD for complying
with them has expired;