The impact of digital services on Consumer Law in Portugal

In the article, our lawyers analyse how the increasing digitalisation of markets is transforming the classic concepts of Consumer Law in Portugal, with a direct impact on consumer protection, distance contracting and the regulation of digital goods and services.

Mariana Soares David and Nuno Cunha Teles are the authors of the article “The impact of digital services on Consumer Law in Portugal”, published in the journal O Direito, Year 157 (2025), in which they provide a critical analysis of the evolution of Portuguese Consumer Law in light of the accelerated development of digital services.

The article is framed within the broader context of scientific and technological transformation and changing social behaviours, highlighting the need for the legal system to rethink concepts and structures in order to respond adequately to new digital realities. Against this backdrop, the authors examine recent changes introduced in Consumer Law, with particular emphasis on the fundamental concepts of the right to information, the right to conformity and the right to product safety.

One of the central pillars of the analysis focuses on the expansion of the concept of “consumer goods”, which has been extended to include “goods with digital elements”. These goods may incorporate or be interconnected with digital content or services, giving rise to new legal challenges in terms of conformity, liability and guarantees, in a market increasingly characterised by hybrid solutions.

The lawyers also highlight the introduction of the concept of “online marketplace”, identified as one of the most disruptive innovations in Consumer Law. This notion alters the paradigm of distance contracting and introduces a new actor into consumer relationships, with significant implications for the definition of information duties, the allocation of responsibilities and the protection of consumers in digital environments.

The article concludes with a reflection on the future of Consumer Law, taking into account the most recent legislative proposals and amendments at both European and national levels. Particular emphasis is placed on strengthening the right to information and accessibility requirements as essential tools for the protection of consumers with disabilities, in a context of increasing market digitalisation.

Further information is available in the attachment below.