Portugal

1. Is there specific legislation in Portugal ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?

There is no specific local law or regulation applicable to the aviation sector.

Because Portugal is an EU Member State, the rules set forth by Regulation (EU) nr. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation) shall apply, together with Decree-Law 12/2021 on the 9th of February, which regulates the effects, validity and probatory value of electronic documents and e-signatures.

2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?

There are three different types of e-signatures:

Standard (unsecured) Electronic Signature (SES) – means data in electronic form that is attached to or logically associated with other data in electronic form and which is used by the signatory to sign; Advanced Electronic Signature (AES) – means an electronic signature that is i) uniquely linked to the signatory; (ii) capable of identifying the signatory; (iii) created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and (iv) linked to the data signed therewith in such a way that any subsequent change in the data is detectable. Qualified Electronic Signature (QES) – means an advanced electronic signature that is created by a qualified electronic signature creation device and which is based on a qualified certificate for electronic signatures.

QES meets the highest standard of security and is the only signature type that has the same legal effect as a handwritten signature.

Portugal, as a member of the European Union, follows ETSI (European Telecommunications Standards Institute) standards to define the technical requirements for QES.

QES must originate from a Qualified Signature Creation Device (QSCD) and be issued from a Trust Service Provider (TSP) on Portugal’s list of TSP providers.

A QES is automatically granted, free of charge, by the Portuguese Government to each Portuguese citizen (attached to the Portuguese Identity Card) and said e-signature can be used for signing documents in a vast number of Public and Private Services.

3. Does the Aviation Authority in Portugal use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?

No. Since any document to be filed with the Portuguese CAA must be notarized with confirmation of the powers of the signatory to bind the applicant, the Portuguese CAA does not accept submissions made only digitally (digital submissions must be followed with the delivery of the original documents). However, registration certificates digitally signed by the Portuguese CAA can be provided by email.

4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Portugal?

Yes, but the digital fillings must be followed by wet ink versions (original documents), with the signatures duly notarized.

5. Do the courts of Portugal consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?

Documents e-signed using QES are generally valid and accepted in Portugal, except if and when Portuguese law requires notarization (with confirmation of the signatory’s powers to bind the company).

6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Portugal?

Yes, all court cases are managed electronically and through an official website from the Portuguese Ministry of Justice. Thus, all pleadings and documents must be submitted digitally only through the said official website using the QES granted to all Portuguese-qualified lawyers.

7. Do the courts of Portugal accept procedural documents executed digitally? Is there any specific certification required? Does Portugal make any distinction between official digital signatures and private digital signatures?

Yes, see the answer to question 6) above.

Is there any specific certification required?

Yes, see the answer to question 6) above.

Does Portugal make any distinction between official digital signatures and private digital signatures?

Yes, see the answer to question 2) above. Only documents signed using QES will be deemed, by law, as handwritten signed documents. QES must originate from a Qualified Signature Creation Device (QSCD) and be issued from a Trust Service Provider (TSP) on Portugal’s list of TSP providers.

8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

See the answer to question 2) above. Documents which, under Portuguese law, must be notarized or subject to public deed cannot be executed by e-signature.

Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

No.

9. Can foreign entities not located in Portugal execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Portugal? Are there any other formalities required?

Portuguese CAA requires all documents and agreements to be notarized with express confirmation of the signatory’s powers to bind the company. Thus, e-signatures cannot be used.

For documents from foreign entities, legalization or the Apostille of the Hague Convention shall also be required.

10. Does the Aviation Industry in Portugal usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?

Not to our knowledge.

11. Are there any Notary or Apostille requirements in Portugal? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?