Posted in: Digital marketingLast update: 13/06/19
Giveaways are a popular tool to raise brand awareness and incentivize customers – especially for digital or direct-to-consumer brands. But like any other marketing campaign, each giveaway is designed for a specific audience in a specific place. That’s why it’s so important to make sure your giveaway is in line with local legislation about online contests. In today’s post, we’ll cover everything you need to know to run a free, valid giveaway in Portugal.
We’ll examine legislation in Portugal about giveaways, contests, and promotions. Most of this information comes from the laws “Juegos de Fortuna o azar”, “modalidades afines”, the “Ley de Juego” (DL number 422/89, December 2nd), and any amendments made to those laws.
What are the laws for promotions in Portugal?
If you have a business and want to run a giveaway or contest, according to Portuguese law, you must have a physical presence or named legal representative in Portugal. So to make sure you have the proper legal representation, you may need to authorize a legal representative for your marketing campaign.
What’s more, Portugal treats giveaways as games of chance. So you’ll need official authorization from the Ministry of Internal Affairs to run your giveaway. In some cases, you’ll also need a license or authorization according to the laws about nation-wide promotions.
According to these rules, you’ll need to request permissions and fill out paperwork before, during, and after your campaign.
Before your giveaway starts
First, you’ll need to fill out the forms to request authorization from the Ministry of Internal Affairs. You can’t run a giveaway on Portuguese territory without this authorization.
Your promotion will have to fulfil a list of requirements, terms and conditions. These include things like the value of the prize, the organizer’s identity, and following the law to the letter.
During the giveaway
You’ll need to monitor your giveaway closely to make sure that all the requirements are fulfilled.
After the giveaway has closed
You’ll have to submit a declaration to the authorities, demonstrating that you awarded the prize fairly and in line with Portuguese law. You’ll also have to fulfil your fiscal obligations – this means taxes on prizes.
Don’t forget the GDPR
As well as following Portuguese laws about promotions and games of chance, you also need to protect your users’ privacy. Make sure that your giveaway complies with the EU General Data Protection Regulation, and Portuguese laws about online business.
At Letslaw, we offer legal and technical solutions for businesses which want to run contests and giveaways online. We work with brands in any country, in complicance with the GDPR, Portuguese laws about digital information and business, and any other relevant legislation. We help you guarantee that your online promotions are legal and up to date. If you’re planning a contest or giveaway in Portugal, get in touch!
Publication date: 2019-06-12