On July 17, 2018, the Portuguese Supervisory Authority (“CNPD”) imposed a fine of 400.000 € on a hospital for infringement of the European Union General Data Protection Regulation (“GDPR”).  The decision has not been made public.  Earlier this week, the hospital publicly announced that it will contest the fine.

According to press reports, the CNPD carried out an investigation at the hospital which revealed that the hospital’s staff, psychologists, dietitians and other professionals had access to patient data through false profiles.  The profile management system appeared deficient – the hospital had 985 registered doctor profiles while only having 296 doctors.  Moreover, doctors had unrestricted access to all patient files, regardless of the doctor’s specialty.  The CNPD reportedly concluded that the hospital did not put in place appropriate technical and organizational measures to protect patient data.

In its defense, the hospital apparently indicated that it uses the IT system provided to public hospitals by the Portuguese Health Ministry.  The CNPD, however, decided that it was the hospital’s responsibility to ensure that the IT system it uses complies with the GDPR.

While Portugal has not “implemented” the GDPR yet, the CNPD applied the GDPR principles to this case and relied on the GDPR to determine the fine.  This is one of the highest fines imposed by the CNPD as of yet.  The current law allocates half of the fine to the CNPD budget – the future implementing law will likely contain a similar provision.

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Photo of Anna Sophia Oberschelp de Meneses Anna Sophia Oberschelp de Meneses

I advise companies across the EU on technology laws, with a focus on data protection, cybersecurity, and current consumer protection laws. I help businesses navigate complex regulations like the GDPR, AI Act, Digital Services Act, Unfair Commercial Practices Directive, and the upcoming Digital…

I advise companies across the EU on technology laws, with a focus on data protection, cybersecurity, and current consumer protection laws. I help businesses navigate complex regulations like the GDPR, AI Act, Digital Services Act, Unfair Commercial Practices Directive, and the upcoming Digital Fairness Act, turning legal requirements into practical, business-friendly solutions.

In data protection, I support tailored GDPR compliance, international data transfers, and privacy-conscious marketing. On cybersecurity, I guide clients through risk assessments, incident response, and evolving laws such as NIS2 and the Cyber Resilience Act. Regarding consumer protection, I advise on existing laws to help businesses revise their terms and conditions for compliance and review online interfaces to ensure all mandatory consumer information is clearly provided, tackling issues like dark patterns and unfair contract clauses.

Fluent in multiple languages and experienced across borders, I’m passionate about helping clients embed compliance into their operations and thrive in the fast-changing digital landscape.

Photo of Kristof Van Quathem Kristof Van Quathem

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty…

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty years and developed particular experience in the life science and information technology sectors. He counsels clients on government affairs strategies concerning EU lawmaking and their compliance with applicable regulatory frameworks, and has represented clients in non-contentious and contentious matters before data protection authorities, national courts and the Court of the Justice of the EU.

Kristof is admitted to practice in Belgium.