The Government recently announced that ANACOM will be the national regulatory entity responsible for applying the AI Act, the new European regulation that aims to create a framework of trust and security for the development and use of artificial intelligence. The decision, at first glance expected, deserves a critical analysis and a pragmatic look at what it represents for companies, citizens and the Portuguese regulatory ecosystem.
Firstly, the choice of ANACOM adds an additional layer to the already dense web of Public Entities that any company in Portugal has to dialogue with when it intends to launch a digital product or service. Those who develop solutions for the digital and online market know the bureaucratic path well: data protection with the CNPD, competition rules with the Competition Authority, consumer rights, sector-specific licenses with many other entities and, now, artificial intelligence under the supervision of ANACOM. This “institutional multiplier” can mean greater fragmentation, more time lost in redundant contacts and less regulatory predictability. All at a disadvantage to the development of the economy and legal security. For startups or small companies, which do not have robust legal departments, this detail can make the difference between innovating in Portugal or looking for more agile jurisdictions.
On the other hand, it is revealing that the CNPD, an entity that could be imagined as the natural candidate to assume this responsibility, was not chosen. The National Data Protection Commission has, over the years, been accused of some paralysis and lack of proactivity. The fact that the Government preferred ANACOM can be read as a sign of distrust or, at the very least, as recognition that the CNPD is not equipped to keep up with the speed and complexity of the transformations that artificial intelligence brings with it.
Still, the decision should not be viewed solely from the perspective of criticism. There are reasons for optimism. ANACOM has consolidated experience in regulating technologically intensive sectors, such as telecommunications, where the tension between innovation and consumer protection is constant. Furthermore, the responsibility for this new area will fall, we all hope, to Prof.Ana Raquel Brízido Castro, whose competence and academic prestige are unanimously recognized. Knowing that a matter as sensitive as the regulation of AI in Portugal will fall under its purview is, for everyone, a reason for confidence and even enthusiasm. It is a sign that this is not just a bureaucratic fit, but a bet on a profile capable of understanding the technical, legal and ethical nuances of this digital revolution. Portugal needed a response on par with Europe. The AI Act is no minor piece of legislation: it could shape for decades how we use algorithms, how we protect fundamental rights, and how we balance innovation with responsibility. Having a credible regulatory entity, with qualified leadership, is essential.
However, returning to the cold cow, we cannot ignore the structural challenge: multiplying regulatory entities is not synonymous with better regulation. Less institutional overlap, more coordination and greater clarity for economic agents is a major advantage. Multiplying public interlocutors means running the risk of transforming a historic opportunity into a succession of administrative obstacles that generate inefficiency.
In the end, the Government’s decision is simultaneously a recognition and a hope. A recognition that the CNPD needs more resources to be an efficient Control Authority like its counterparts in other Member States. A hope because the choice of who will lead this area within ANACOM shows that Portugal may, after all, be willing to take artificial intelligence seriously.
Lawyer and Data Protection specialist