Regulatory framework of the new rules for electronic service on companies and individuals

This Decree-Law follows, among others, Decree-Law 87/2024 of November 7 (see our previous publication), which aims to modernize, speed up and adapt legal proceedings to an increasingly digital paradigm.

Entry into force

Decree-Law 91/2024 will enter into force on January 14, 2025, but its provisions on notifications and communications issued by enforcement agents and court administrators will only take effect from March 30, 2026.

Main practical aspects

As this is a matter that has an impact on such a critical phase for the effective exercise of defense rights, particularly for companies (as it is a rule), it is important to understand the main practical aspects of this regulation.

Courts’ Digital Services Area

• Where?

  Service, notifications and communications addressed to individuals and companies by the courts, the Public Prosecutor’s Office, bailiffs, enforcement agents, court administrators or other court auxiliaries to their recipients by electronic means, under the terms of the Code of Civil Procedure, are made available in the Courts’ Digital Services Area, via the electronic address https://tribunais.org.pt (where individuals can already consult the cases to which they are a party).

• Private legal persons:

  Access to the reserved area for private legal persons is made by whoever has the business attribute, as the company’s representative, or by whoever has the quality and powers of attorney certified under the terms of article 546 of the Companies Code (Professional Attribute Certification System - “SCAP”).

• Public legal persons:

  Access to the reserved area for public legal persons is made by those who have a certified public attribute, under the terms referred to above for private legal persons.

• Individuals:

  Only individuals may access their reserved area, without prejudice to the possibility of granting a judicial representative specific power to consult the service and notifications addressed to them, under the terms set out in an order issued by the member of the Government responsible for the area of justice.

• In case of impossibility:

  Private legal persons whose representatives are unable to sign and authenticate themselves electronically, validating their professional capacity by using SCAP, are considered unable to be served or to receive notifications or communications by electronic means, and paragraph 13 of article 246 of the Code of Civil Procedure (service by post with specificities) applies.

Registration of email address

• Where?

  The email address associated with the Courts' Digital Services Area is registered with the Public Electronic Notification System, through the verification of the email address, which constitutes the unique digital address of the recipient (company or individual).

• Notice:

  The notice that the adhering company or individual has a service, notification, or communication available in the Courts' Digital Services Area is sent to their unique digital address.

• In case of impossibility:

  If the recipient does not have a Portuguese tax identification number or a Portuguese legal person identification number or if this information is not included in the case file, nor is it possible for the court office to obtain it, it is considered impossible to serve or send the notification or communication by electronic means, applying, in the case of companies, paragraph 13 of article 246 of the Code of Civil Procedure (service by post with specificities).

Conclusion

• The regulation of this new legal framework involves, as is explicitly acknowledged in the preamble to this law, the use and expansion of existing digital platforms and technological circuits, which are currently underused, with the aim of using them within the procedural system to increase the potential and profitability of these resources.
• It is crucial for companies to be informed about this new legal framework, how it is implemented and what organizational precautions they should take to guarantee and ensure that their rights of defense are not affected, limited or even suppressed by any possible failure that may occur as a result of the late or deficient implementation of this new regime for court service.