New Electronic Service of Process Regime for Companies

Decree-Law no. 87/2024 has shifted the paradigm of judicial communication in Portugal, establishing electronic means as the preferred rule for the service of process and notification of legal persons (companies).

Within the scope of the Recovery and Resilience Plan (PRR), the Portuguese government has taken another step in the dematerialization of judicial proceedings. This change aims to streamline economic justice but introduces new vigilance duties for all companies. From now on, ignoring the digital mailbox can result in the loss of defense rights.

What Changes with the New Decree-Law?

Until now, service of process (the act calling an entity to defend itself in a lawsuit for the first time) was predominantly done by registered mail. Under the new legislation:

Electronic citation becomes the standard rule for legal persons (companies).
Communication is carried out by making the document available in a reserved area within the courts’ IT system.
The company receives an alert at the associated email address, notifying them of the existence of a citation.

Deadline Risks: The “Presumption of Notification”

This is the most critical point for your company’s administrative management. The law establishes that:

If accessed: Service is deemed effective on the day of consultation in the reserved area.
If NOT accessed: If the company does not access the reserved area within 8 days, the system automatically deems the service effective (triggering judicial deadlines for defense).

Note: A subsequent postal notice will be sent, but this serves only as a safety alert and does not suspend deadlines that have already begun.

Action Items for Companies

To ensure timely receipt of all judicial communications, it is recommended to:

Adhere to the Single Digital Address: Ensure the registration of a valid email for legal purposes.
Monitoring: Implement internal routines to check the associated email and the reserved area on the courts’ portal regularly.
Organization: Prepare for the full digital transition, expected to become the exclusive rule by 2026.