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Morais Leitão, Galvão Teles, Soares da Silva & Associados logo
Morais Leitão, Galvão Teles, Soares da Silva & Associados (Morais Leitão) is a leading full-service law firm in Portugal, with a solid background of…
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 15 Oct 2019

Processing personal health data for insurance purposes under GDPR

The recently published act to transpose the General Data Protection Regulation into Portuguese law was expected to provide specific grounds for the processing of health data for insurance purposes. However, the act was approved without any exemptions or provisions regarding the legitimate basis on which insurers can process health data (or any other special category of data) for insurance......
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 22 Jan 2019

Insurer's subrogation right – statute of limitation period

A recent Portuguese Supreme Administrative Court jurisprudence uniformising decision held that the statute of limitation period of an insurer's subrogated right had started only when it had paid the damages incurred by the insured due to a motor accident. The decision is a relevant milestone in administrative jurisprudence, as there are divergent opinions in this regard.
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 19 Nov 2018

2019 Budget Law Proposal – implications for energy sector

The government recently presented its 2019 Budget Law Proposal, which includes several measures for the energy sector. As per the proposal, energy sector extraordinary contributions will be levied on generators operating renewable energy power plants licensed under the guaranteed remuneration scheme, which to date had been exempted from paying such contributions.
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 6 Nov 2018

Portugal Finlab – innovation hub for insurtech

The Portuguese insurance regulator recently entered into an agreement with Portugal Fintech – a network focused on start-ups that connects fintech founders, investors, academics, consultants and legal advisers – to establish Portugal Finlab. From an insurance regulatory perspective, Portugal Finlab will be a useful tool to ensure an appropriate balance between innovation and consumer......
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 4 Sep 2018

Amendments to Insurance Supervision Act

A number of amendments were recently made to the Insurance Supervision Act in the context of transposing the EU Markets in Financial Instruments Directive. The main amendments concern the protection of communications to the Portuguese insurance regulator regarding violations, the imposition of fines on insurers that violate the EU Benchmarking Regulation and the rules applicable to insurers'......
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 3 Sep 2018

ERSE gets new supervisory duties

Pursuant to the State Budget 2017, the liquefied petroleum gas, petroleum-derived products and biofuels sectors, which were previously under the National Fuels Market Authority's supervision, are now subject to the Energy Services Regulatory Entity's (ERSE's) supervision. Minor changes have also been made to the ERSE's consulting bodies.
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | European Union, Portugal | 7 Aug 2018

Legal basis for processing personal health data for insurance purposes

Under the General Data Protection Regulation, the processing of health data for insurance purposes requires the data subject's 'explicit consent', which poses enormous challenges for the insurance industry. Portugal has no specific legislation concerning the processing of health data for insurance purposes. However, it is hoped that the anticipated Data Protection Act will provide specific......
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | European Union | 24 Jul 2018

Implementation of EU Insurance Distribution Directive

The EU Insurance Distribution Directive (IDD), as amended, should have been transposed into national law by 1 July 2018, with the date of application of the new rules set for 1 October 2018. Although the IDD has yet to be transposed in Portugal, the government has submitted the proposed text of the new statute to Parliament for discussion.
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 25 Jun 2018

Merchant solar projects in Portugal: growing interest and challenges

With the increasing number of projects being licensed under market rules, renewable energy generators are now faced with energy trading under organised markets, without a traditional power purchase agreement with the off-taker. The new reality of operating without a feed-in tariff is challenging – particularly as regards meeting bankability requirements. However, stakeholders are exploring......
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Morais Leitão, Galvão Teles, Soares da Silva & Associados | Portugal | 3 Apr 2018

Supreme Court clarifies late payment of insurance compensation

When an insured event takes place, the insurer is bound to compensate the insured for the corresponding loss. However, the law is not entirely clear as to the moment when this payment should occur. Although Portuguese judicial decisions on this subject have thus far been inconsistent, a recent Supreme Court judgment appears to have shed light on the intended scope and meaning of the relevant......
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