On July 22, 2021, the Council of Ministers approved a decree establishing the legal framework applicable to the On July 22, 2021, the Council of Ministers approved a decree establishing the legal framework governing the authentication of documents in Portugal via videoconferencing.
The graduation ceremony is taking place amid the pandemic caused by the virus SARS-CoV-2, known as COVID-19, in order to overcome the challenges caused by restrictions on in-person services and the resulting demand for online services.
Authentication of acts in Portugal by videoconference
This legal framework was approved in May 2020 on a pilot basis, following an opinion issued by the National Data Protection Commission ( »CNPD«), at the request of the Secretary of State for Justice. The opinion identified several issues that needed to be corrected because they did not comply with the provisions of the General Data Protection Regulation.
Authentication of Deeds and Documents via Videoconference in Portugal: An Innovative Tool
These procedures still require the physical presence of the parties involved before court clerks, civil registrars, notaries, Portuguese consular officials, attorneys, and solicitors; however, as of November 15, 2021, they may be conducted remotely via videoconferencing.
The diploma introduces an innovative tool into the national legal system for providing services to citizens, businesses, and professionals, which is expected to have a significant impact on the legal landscape and will comply with the legal requirements for the execution of legal acts, while offering the necessary guarantees of security and authenticity.
As was the case during the pilot phase of this new IT platform’s implementation, the authentication of private documents and acknowledgments via videoconferencing will cover various types of documents, such as the acknowledgment of letters and signatures, certification of private documents, including the certification of powers of attorney and authenticated private documents, such as public deeds of acquisition, usufruct, use, and lease; surface rights; loans; mortgages; donations, the establishment of condominium ownership, the division of common property, and promises to buy and sell with full legal effect, among others, without requiring the physical presence of court clerks, notaries, attorneys, or solicitors.
Under the terms and for the purposes of this decree, court clerks and civil registrars are excluded from performing, by this means, the authentication of wills and related documents; they are exclusively authorized to perform, via videoconference, procedures related to the Casa Pronta service, the process of separation or divorce by mutual consent, and the certificate of inheritance, with or without registration.
Access to the IT Platform and Processing of Personal Data
Pursuant to the charter, the aforementioned actions may be carried out through a new platform.
Provided by the Ministry of Justice, access will be available through the justice system’s digital platform and will be managed by the Institute for Financial Management and Justice Infrastructure (IGFEJ), in coordination with the Institute of Registries and Notaries (IRN), and will consist of two separate designated areas, one for speakers and the other for professionals.
The reserved area will serve as the platform through which stakeholders and professionals can download and access the necessary documentation, sign these documents using a qualified electronic signature, participate in videoconferences, and consent to audiovisual recording.
Under the terms of the diploma, access to the restricted area will be granted through user authentication using either the citizen ID card or the mobile digital key, and through other means of electronic identification issued in other European Union member states and recognized for this purpose under the regulation on electronic identification and trust services for electronic transactions in the internal market.
This is an innovative videoconference-based authentication system that provides citizens, businesses, and professionals a useful tool for the delivery of public services, with a significant impact on legitimate commerce, while still ensuring compliance with the legal formalities required for the performance of legal acts and offering the same guarantees of security and authenticity.
