After more than a decade of legislative debate, the new legal framework governing the legitimate representation of interests, commonly referred to as “lobbying,” was approved by the Law No. 5-A/2026 of 28 January.
This legislation introduces a new paradigm of transparency in the relationship between public and private entities, establishing, for the first time in Portugal, a legal framework for this activity.
Under the Law, lobby is defined as any activity involving the legitimate representation of interests aimed at influencing, directly or indirectly, the drafting or implementation of public policies, legislative and regulatory acts, administrative acts, public contracts, or decision-making processes of public entities. This definition includes, among others, contacts with public entities, the submission of position papers, and the organisation of events or meetings for that purpose.
The wide-ranging nature of this definition is one of the key features of the regime. At the same time, it raises questions concerning the boundary/distinction between the representation of interests and other legitimate forms of engagement with public entities. In this context, the Law expressly excludes from its scope the acts performed by lawyers and solicitors in the exercise of legal representation.
In addition, one of the key features of the new Law is the creation of the Transparency Register for the Representation of Interests (RTRI), under the authority of the Portuguese Parliament.
Entities carrying out lobbying activities are required to register in this public register, which entails the disclosure of relevant information regarding the interests represented and their respective clients, thereby constituting an essential instrument of transparency.
This framework is based on a stronger commitment to transparency, reinforced by the implementation of the “legislative footprint” mechanism, which makes it possible to identify relevant interactions within the context of the legitimate representation of interests.
In addition, the Law establishes duties of conduct, incompatibility rules, and a sanctioning regime applicable in cases of non-compliance.
The need to regulate this matter has long been widely recognised, given that the boundary between lobbying as a legitimate activity and unlawful practices such as influence peddling or corruption may, at times, be difficult to distinguish.
The approval of this Law therefore marks an important institutional milestone, recognising the need to ensure greater transparency in the relationship between public decision-makers and interest representatives.
Nevertheless, the regulation of lobbying should be understood as an evolving process, the effectiveness of which will depend on its consistent application and on the consolidation of institutional practices capable of ensuring transparency in the day-to-day functioning of public decision-making.
In this context, when carried out ethically and properly framed by clear rules, the representation of interests should not be viewed as a source of opacity, but rather as an instrument that enhances transparency over public decision-making processes.
The new legal framework for the legitimate representation of interests will enter into force on 27 July 2026.
We draw attention to the following deadlines under the Transparency Framework for the Representation of Interests (RTRI):
- Transitional Regime: from the entry into force of Law No. 5-A/2026 until the RTRI becomes operational, the public entities covered by the regime must ensure the registration and publication of hearings through their own means.
- Mandatory Registration: entities representing interests have 60 days to register with the RTRI after it becomes operational.
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