COVID-19: Changes to the rules on Portuguese advertising commercial practices with price reductions during the State of Emergency

01 / 21 / 2021

Intellectual Property Alert Portugal

Following Decree No. 3-A/2021 of 14 January which regulates the state of emergency decreed by the Portuguese President and in order to respond to the movement of people that was observed during the first days of the new confinement, the Government decided to proceed with the first amendments to the aforementioned Decree imposing more restrictive measures to face the accelerated growth of the pandemic in Portugal.

Among the new measures approved by Decree No. 3-B/2021, which proceeds with the first amendment of Decree No. 3-A/2021, is the prohibition of advertising sales, promotions or liquidations that would result in an increase of displacements and crowding of people in commercial establishments that remain open under the exceptions provided by law.

Thus, under the terms of article 15-A of this new Decree, “Advertising, advertising activities or the adoption of any other form of commercial communication, notably through information society services, which may result in an increase in the flow of people attending establishments that, under the terms of this decree, are open to the public, notably through the disclosure of sales, promotions or liquidations, are prohibited”.

This Decree was published on January 19 and entered into force on January 20, 2021.