Decree-Law No. 210/2026 of 3 November establishes the new legal framework for the National Science, Technology and Innovation System (SNCTI), which is scheduled to enter into force on 1 January 2027. The Decree-Law replaces the previous legal frameworks, introducing new rules on the recognition, evaluation and funding of research and innovation entities in Portugal, while reinforcing the principles of open science, scientific integrity, research security and the responsible use of artificial intelligence.
Decree-Law No. 210/2026 of 3 November establishes the new legal framework for the National Science, Technology and Innovation System (SNCTI).
The Decree-Law is scheduled to enter into force on 1 January 2027. It will replace the legal framework for scientific research and development institutions established by Decree-Law No. 63/2019 of 16 May and the legal framework for technology and innovation centres set out in Decree-Law No. 126-B/2021 of 31 December.
The new legislation reshapes the framework for research and innovation and reinforces the classification of research and innovation entities by the activities they carry out and aligns that classification with the applicable recognition, evaluation and funding models.
The framework applies to entities, structures and networks that conduct research and innovation activities in Portugal and form part of the SNCTI. It covers, in particular, higher education institutions, research and development units, private non-profit scientific institutions, associate laboratories, interface centres (including collaborative laboratories and technology and innovation centres), scientific and technological infrastructure, research and innovation networks and consortia, State laboratories, clinical academic centres and companies engaged in research and innovation.
Entities wishing to join the SNCTI must complete an online form provided by the Agency for Research and Innovation, E.P.E. (AI2). The Agency validates the information submitted, without affecting the recognition, mission and functions of entities already covered by the previous legislation.
For recognition, accreditation, evaluation and funding purposes, the Decree-Law distinguishes between scientific research entities and development, technology and innovation entities. An entity may fall within both categories. Applications for structural public funding must identify the entity’s primary and complementary functions and provide supporting reasons. That identification is binding for evaluation and funding purposes throughout each evaluation cycle.
Funding under the new framework may be public, private or a combination of the two. The State must promote mechanisms to encourage private-sector participation in funding research and innovation.
The new Decree-Law then sets out the different types of funding, identifies the bodies that fund research and innovation, and establishes the principles governing public funding and the procedures for awarding it.
The Decree-Law also enshrines the principle of open science, promoting universal access to scientific knowledge, research data, publications, infrastructure and results funded with public resources, subject at all times to compliance with data protection and intellectual property legislation. Open science must be promoted in a way that balances the openness and dissemination of knowledge with the protection of data and intellectual property.
Moreover, research and innovation activities must comply with the principles of scientific integrity, ethics and research security. Research and innovation security encompasses, in particular: identifying, assessing and mitigating the risks of misuse of scientific and technological knowledge, including those arising from artificial intelligence systems; safeguarding against undue interference and threats to the lawful processing of personal data and to cybersecurity; the responsible use of automated and decision-support systems; and legal and regulatory compliance to ensure adherence to national, European and international rules on personal data protection and intellectual property.
In particular, automated systems, including artificial intelligence systems, must be used responsibly and transparently in research and innovation, in accordance with the applicable ethical and legal principles. Their use does not absolve researchers, authors, institutions or other participants of responsibility for the accuracy, quality, integrity and reliability of the results. They remain responsible for ensuring appropriate scientific, technical and ethical validation of the content produced, as well as for its publication, dissemination, application and impact.
SNCTI entities, structures and networks must adopt internal measures to promote integrity, ethics and research security that are proportionate to their size, mission and risk profile. These include institutional plans; designated bodies or focal points; mechanisms for risk management and for preventing, detecting and investigating scientific misconduct; and training programmes.
The Decree-Law also requires assets used in knowledge valorisation and transfer, including intellectual property, data, software and knowledge, to be protected and shared in a balanced manner. This must be guided by clear criteria and good practices in quality, documentation, standardisation, reproducibility, and technological and market neutrality.
Overall, the new Decree-Law seeks to reinforce the role of science, technology and innovation in the Portuguese legal system, strengthening the link between the generation of knowledge and its practical application for the benefit of the economy and society.
Morais Leitão’s Intellectual Property, Technology and Personal Data team is available to assist with any further questions.
