The true test of the Lobby Law in Portugal

The entry into force of the Lobby Law, in July of this year, has represented an important milestone in promoting transparency in the relationships between the public and private sectors in Portugal. However, the real challenge no longer lies in the approval of the regime, but in its practical implementation. Beyond approving regulations, it is now necessary to ensure that the new regime is operational, understandable for its recipients, and capable of generating effective advances in terms of transparency.

The Lobby Law came into force surrounded by important questions about its scope of application, the protection of personal data, the articulation between the different levels of the Public Administration, and the implementation of the new obligations for registration and reporting, among many other issues.

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Portugal deploys its lobbying law: mandatory registration from January and sanctions in June

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With the publication of Law No. 37-A/2026, of July 28, and the Resolution of the Council of Ministers No. 167/2026, of August 13, we began to have more details about the operation of the registration system, the reporting obligations, and the planned timeline for its application.

Although there are various international experiences in this area, the implementation of a registration and reporting system for the legitimate representation of interests must take into account the specificities of each country, something that is not always evident. This implies relevant changes in habits and behaviors, the assumption of new responsibilities at different levels of the Public Administration, both central and local, the integration of new procedures, and greater scrutiny of legislative activity and decision-making processes.

In this context, the repeal of the transitional regime initially provided for in Article 19 of the Lobby Law and its replacement by the model established in Article 8 of Law No. 37-A/2026, of July 28, which provides for a gradual and progressive entry into force of the various obligations associated with the Transparency Register of Interest Representation (RTRI) and its corresponding sanctioning regime, deserves a positive assessment.

This solution allows for reconciling the transparency objectives pursued by the legislator with the need to ensure an adequate adaptation period for the affected public and private entities, providing, in particular, for the full operability of the RTRI starting from January 1, 2027, the deferred application of the regime to municipalities, intermunicipal entities, and parish councils (governing bodies of the local administrative division closest to citizens in Portugal), as well as the entry into force of the sanctioning regime only from June 1, 2027.

It is worth emphasizing that the postponement of the full implementation of the RTRI does not equate to a postponement of the transparency obligations. Although the sanctioning regime will only be applicable from June 1, 2027, its existence reinforces the importance of advance preparation by the entities included in the scope of application of the regime. On the other hand, while the registration system is not operational, it is the responsibility of public entities to ensure from this moment the registration and publicity of the hearings held, including the identification of the participants and the subject of the hearings, thus ensuring that the objectives of the law begin to take effect even before the full implementation of the new registration system.

Another interesting aspect of this transitional regime is the expected publication, by the Assembly of the Republic, of the notice that will set the date for the start of operation of the RTRI, allowing for provisional registrations. This mechanism will allow for the identification of possible obstacles and improvements in the registration process before its full application, reflecting a cautious attitude regarding the functioning of the system.

The manner in which the so-called "legislative footprint" will be implemented remains to be clarified

Another relevant issue concerns the decisions that the Management Council of the RTRI must make within its area of competence, as it will be necessary to specify which entities are effectively subject to the registration obligation, taking into account the broad definition of legitimate representation of interests contained in Article 2 of Law No. 5-A/2026, of January 28, as well as the effective application of the secrecy or confidentiality regimes provided for in the law.

Likewise, the way in which the so-called "legislative footprint" will be implemented remains pending clarification, an instrument that could become one of the most relevant innovations of the new regime by allowing the identification of external contributions considered during the preparation of legislative and regulatory initiatives.

Taking into account the indicated uncertainties and the need to specify the obligations derived from the Lobby Law, it is to be expected that the selection of the members who will make up the Management Council will respond to the criteria established by the law, which requires personalities of recognized merit, as well as their taking office, scheduled for January 1, 2027.

The approval of the Lobby Law represents an important step to deepen participatory democracy and reinforce the transparency of public decision-making processes. However, the success of the regime will depend less on the legal text

than on how it is applied by the institutions and assumed by its recipients. The real test begins now: to transform a legal obligation into a true culture of transparency capable of reinforcing citizens' trust in public institutions.