Consent, model releases, passers-by, children and the CPCJ, GDPR and photo copyright for shoots in Portugal, from the Civil and Penal Codes and Lei 105/2009.
Checked 3 October 2026
In Portugal a person's image is protected by civil, criminal and data protection law, and the photographs by copyright. For a visiting crew that means written consent from everyone recognisable, a CPCJ authorisation for children under 16 and a written licence from the photographer. This is a production guide, not legal advice; take legal advice for contracts.
The short version
Consent: a person's portrait may not be shown, reproduced or put on the market without their consent (Civil Code, art. 79).
Exceptions: fame, office, police or justice, science, teaching, culture, public places and events. None mentions advertising.
Withdrawal: consent can always be revoked, with compensation for the other side's legitimate expectations (art. 81).
Crime: photographing someone against their will, or using those photos, risks up to a year in prison or a fine (Penal Code, art. 199).
Children: under 16, a CPCJ authorisation or notice, a written contract with the parents, insurance and hour limits (Lei 105/2009).
Data: photos of identifiable people are personal data under the GDPR; keep files only as long as needed.
Copyright: the photographer is the author. Use is licensed in writing, stating form, time, place and price (CDADC, art. 41).
Consent and its limits
Article 79 of the Civil Code: a person's portrait "may not be exhibited, reproduced or put on the market without their consent". Consent is not needed, under art. 79(2), when justified by the person's notoriety or office, police or justice requirements, or scientific, teaching or cultural purposes, or when the image is part of a picture of a public place, or of events of public interest or that took place in public. Even then, art. 79(3) bars any use that harms the person's honour, reputation or "simple decorum".
The article does not say what form consent takes, and none of its exceptions is written for advertising. Productions treat any commercial use of a recognisable person, famous or not, as needing a signed release.
Article 81 limits any release: a voluntary limitation of a personality right is void if contrary to public order and, when lawful, "is always revocable", with compensation for the other party's legitimate expectations. A release cannot make consent permanent; it can say what happens if it is withdrawn.
The criminal side
Article 199(2) of the Penal Code punishes anyone who, against a person's will, photographs or films them, "even at events in which they legitimately took part", or uses those images, "even if lawfully obtained": up to one year in prison or a fine of up to 240 days. Prosecution needs a complaint (arts. 199(3) and 198). Photographing people or intimate spaces without consent, to intrude on private life, carries up to three years or a fine (art. 192). If someone asks not to be photographed, stop and drop the frames.
What a release should cover
A checklist, not a template:
Who: name, contact and signature of the person or, for a minor, the legal representatives.
Use: consent to be photographed and to specific uses: the campaign or story, media (print, online, social, outdoor, paid ads), territory and duration.
Payment: the fee, if any, and which uses it covers.
Edits: how far retouching goes; any uses ruled out.
Withdrawal: how, and what happens to material already printed or booked.
Data and copies: who holds the images, why, for how long and who receives them (GDPR, art. 13); one signed copy each. Where processing rests on consent, you must be able to show it (GDPR, art. 7(1)).
Street casting and passers-by
Someone cast on the street is a subject like any model and signs the same release. Passers-by are different: art. 79(2) covers an image "framed within that of public places", which describes people who are part of a scene, not its subject. The article does not say how far that reaches in commercial work, so common practice on campaigns is to keep recognisable passers-by, at events too, out of frame, release them on the spot, or retouch them out.
Children
Lei 105/2009, which regulates art. 81 of the Labour Code, lets a minor take part in cultural, artistic or advertising work "as an actor, singer, dancer, extra, musician, model or mannequin", away from dangerous animals, substances or activities.
Who authorises: the CPCJ (child protection commission) where the child lives, on the producer's written request. Per gov.pt it covers children up to 16, nothing is needed from 16 to 18, and it is free.
The request: the child's identity and school, activity, place, a detailed synopsis, duration, hours and supervising adult; a fitness certificate from the producer's occupational doctor; the school timetable and record; the parents' authorisation; and union and employers' opinions, or proof they were requested at least 5 working days before filing.
How far ahead: the CPCJ has 20 days to decide, paused while documents are missing. With the opinions, start about four weeks ahead.
Short jobs: a written notice at least 5 working days ahead, with the medical, school and parental documents, is enough when the work falls within 24 hours and the child is 13 or over and has done no such work in the previous 180 days.
Contract and insurance: a written contract between parents and producer (activity, duration, hours, pay, supervisor), sent to the labour inspectorate (ACT) and the school before work starts, plus work-accident insurance.
Hours, preparation included: under 1, one hour a week; 1 to 3, two a week; 3 to 7, two a day and four a week; 7 to 12, three a day and nine a week; 12 to 16, four a day and twelve a week, the last two extendable by up to three hours on days without school. In school holidays (half of them at most): 6 to 12, six a day and twelve a week; 12 to 16, seven and sixteen. Only between 8:00 and 20:00 (until midnight from age 7, for cultural or artistic shows only), never in school hours.
Photos are personal data
The GDPR covers information about any person identifiable, among other things, by physical features (art. 4(1)). Keeping and sharing images needs a lawful basis such as consent, a contract or legitimate interests (art. 6(1)); consent can be withdrawn at any time, without undoing earlier lawful use (art. 7(3)). Data is kept no longer than needed (art. 5(1)(e)).
Portugal's Lei 58/2019 (art. 24) says data protection does not prejudice freedom of expression, artistic expression included; how that applies to commercial shoots is not spelt out. The CNPD is the supervisory authority.
Who owns the photographs
Copyright belongs to the creator unless expressly provided otherwise (CDADC, art. 11); the photographer has the exclusive right to reproduce, disseminate and sell the photograph, subject to the rules on portraits (art. 165(1)). Commissions are less clear: art. 14 lets the agreement decide and otherwise presumes that work done for someone else stays with its creator, while art. 165(2) presumes that the rights in a photo taken on commission or under an employment contract belong to the client or employer. Settle it in writing.
A licence must be written, is presumed paid and non-exclusive, and must state the form of use, time, place and price (art. 41). A partial transfer needs notarised signatures and a total one a public deed, or they are void (arts. 43 and 44). The photographer keeps moral rights, including authorship and integrity (art. 9(3)).
Places are separate: common practice, not a rule in these codes, is the owner's written agreement for private property. Works such as architecture or sculpture made to stay permanently in public places may, within the code's limits, be used without the author's consent (art. 75(2)(q)).
How we handle it
When we produce a shoot, casting is part of it, street casting included: availability, usage and releases are settled before the shoot, and releases and usage are agreed with everyone photographed. Location permissions are covered in Photo Shoot Permits in Lisbon & Portugal.
Sources
Código do Direito de Autor e dos Direitos Conexos, consolidated version (Diário da República)
Código do Trabalho, consolidated version (Diário da República)
Regulation (EU) 2016/679, General Data Protection Regulation (EUR-Lex)
Pedir autorização para participação de crianças em artes e espetáculos (gov.pt)
Ръководства