DATA PROTECTION LAWS OF THE WORLD
non-authorized access to personal data transmitted,
stored, retained or by any way processed under the offer
of electronic communications services.
Companies offering electronic communications services
accessible to the public shall also keep an accurate register
of data breaches, indicating the concrete facts and
consequences of each breach and the measures put in
place to repair or prevent the breach.
The same applies under Protection of Information Systems
and Networks Law.
ENFORCEMENT
ENFORCEMENT
Data Protection
Violations of the Law are subject to civil liability and
administrative and criminal sanctions, including fines and /
or imprisonment.
As mentioned above, the competent authority for the
enforcement of Data Protection Law is the APD.
However, considering that the APD is not yet created, the
level of enforcement is not significant at this stage.
Electronic Communications
INACOM regulates, inspects and verifies compliance with
the Electronic Communications and Information Society
Services Law, and applies the penalties related to
violations of it. Although, unlike the APD, the INACOM
exists, the level of enforcement is still not significant yet.
ELECTRONIC MARKETING
ELECTRONIC MARKETING
Sending of electronic communications for the purposes of
advertising is generally subject to the prior express
consent of its recipient ('opt-in') and to prior notification
to APD.
Under the Law, data subjects have the right to object, on
their request and free of charge, to the processing of their
personal data for direct marketing purposes, to be
informed before their personal data is disclosed or used
by third parties for the purpose of direct marketing and to
be expressly offered, also free of charge, the right to
object to such disclosure or use.
The processing of personal data for this purpose may be
conducted without data subject consent in specific
circumstances, notably:
when the advertising is addressed to the data
subject as representative, employee of a
corporate person and
when the advertising communications are sent to
an individual with whom the supplier of a product
or a service has already concluded transactions
provided the opportunity to refuse was expressly
provided to the customer at the time of the
transaction and this does not involve an additional
cost. In this case, the data subject has the right to
oppose to his personal data processing for
advertising/direct marketing purposes.
6 | Data Protection Laws of the World | Angola vs Macau | www.dlapiperdataprotection.com