Decree-Law no. 114-C/2023, of December 5, created the database of disqualifications and dismissals, organized in a centralized manner with a view to grouping together data relating, on the one hand, to the disqualifications of natural persons from exercising trade, from holding the position of manager, director or other member of a corporate body subject to registration and from administering the assets of others, which have been definitively decreed, and, on the other hand, to the judicial dismissals of members of corporate bodies which have become final.
- cfr. art. 2 of the aforementioned Decree-Law.
To this end, the court or administrative body that decrees the respective disqualification or removal from office communicates this information automatically and it becomes part of the database.
In addition to the holder of the information or whoever proves that they made the request on behalf of or in the interest of the holder, the following entities may have access to this database:
a) The registrars and registry officers, for the exercise of their legally prescribed powers;
b) Judicial magistrates and public prosecutors, for the purposes of criminal investigation, investigation and decision in criminal cases, as well as within the scope of their legally prescribed powers in other cases that fall within the jurisdiction of the judicial courts;
c) Administrative bodies with the power to disqualify natural persons from the exercise of trade, from the exercise of the position of manager, administrator or other member of a corporate body subject to registration and from the administration of other people's assets, for the purposes of investigating and deciding on cases within the scope of their legally prescribed powers;
d) Notaries, lawyers and solicitors, in order to prevent those who are disqualified or have been judicially dismissed from intervening in acts that are forbidden to them.
- see Article 4(1) and (2) of the aforementioned Decree-Law.
As for the period of time in which the respective information will be available, with regard to information on dismissals, it will be possible to consult it for a period of 5 years from the date of the dismissal becoming final and, with regard to information on disqualifications, it will be possible to consult it for the duration of the disqualification, and judicial magistrates, public prosecutors and administrative bodies with the power to order the disqualification of natural persons may also have access to the register of disqualifications ordered in the last 20 years.
- see Article 4(4) and (5) of the Decree-Law.
Once these deadlines have elapsed (which correspond to the retention period), the data will be destroyed.
- cfr. art. 7 of the aforementioned Decree-Law.
Finally, it should be noted that the aforementioned Decree-Law came into force on December 6, 2023, and the respective database will include events occurring from that date onwards.
- cfr. arts. 14 and 15 of the aforementioned Decree-Law.
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