Yes, ad blockers are legal in Portugal, but their use is constrained by data protection and copyright laws. While blocking ads is permitted, circumventing paywalls or violating terms of service may breach contracts or the EU’s Digital Services Act.
Key Regulations for Ad Blockers in Portugal
- GDPR Compliance: Ad blockers must not interfere with consent mechanisms under GDPR, as enforced by the Comissão Nacional de Proteção de Dados (CNPD). Blocking tracking cookies without user consent violates Article 5(3) of the ePrivacy Directive.
- Copyright Restrictions: The Código do Direito de Autor e dos Direitos Conexos prohibits bypassing paywalls or accessing copyrighted content without authorization, even via ad blockers. Courts have ruled against circumvention tools in cases like C‑390/18 (UPC Telekabel Wien).
- Digital Services Act (DSA) Alignment: Since 2024, platforms must ensure transparency in ad delivery under the DSA, which may limit ad blocker effectiveness if they disrupt compliant ad systems. The ERC (Entidade Reguladora para a Comunicação Social) monitors compliance for media outlets.
Enforcement Risks: While ad blockers themselves are not illegal, websites may legally block users employing them under Portuguese contract law (Código Civil, Article 426) or file civil claims for damages if ad blocking breaches terms of service. The Provedor de Justiça has not issued specific rulings but defers to EU precedents.