Government of Portugal
Bernardo Correia, Secretary of State for Digitalization
The Government’s code of conduct provides that political office holders cannot intervene in matters affecting companies in which they have stakes of more than 50 thousand euros due to the risk of conflict of interest.
The Secretary of State for Digitalization, Bernardo Correia, is being criticized due to a possible conflict of interest for holding more than 500 thousand euros in Google shares, a company where he worked between 2008 and 2024, having been the director for Portugal until joining the Government of Luís Montenegro. Correia is responsible for the National Artificial Intelligence Agenda and the National Digital Strategy, areas that are directly related to the regulation of companies like Google.
According to the statement, in its statement submitted to the Constitutional Court, the government official has around 900 thousand euros in securities, mostly abroad. When asked about the possible incompatibility, he admitted that his portfolio is made up of Google shares and a Portuguese venture capital fund, but guarantees that complies with all legal and ethical standards.
However, the Government’s code of conduct provides for the existence of a conflict of interest whenever there is reasonable doubt about impartiality of a political decision maker. The law even prohibits the intervention of political office holders in matters that affect companies in which they have stakes exceeding 50 thousand euros.
The controversy arises in a sensitive context: Portugal is one of the most backward countries in the European Union in applying the new community rules on digital regulation and artificial intelligence. The Digital Services Regulation (RSD), in force since February 2024, has not yet been fully implemented not country.
The new law approved in September focuses on Anacom, whose management is appointed by the Government, all of the RSD’s supervisory powers, removing the Communication Regulatory Entity (ERC) and the National Data Protection Commission (CNPD), which had been involved in previous versions of the legislation. This option has been criticized by jurists and regulators for reduce independence and the effectiveness of supervision.
The CNPD and ERC themselves issued negative opinions with warnings about the “legal uncertainty” of the new law, especially because, despite European law requiring effective measures against illegal online activities, Anacom has not yet applied any sanctions since taking on new roles
