Best Fintech Lawyers in Sintra
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Find a Lawyer in SintraAbout Fintech Law in Sintra, Portugal
Sintra is a municipality in the Lisbon metropolitan area. While the local market in Sintra is smaller than central Lisbon, many fintech founders, start-ups and service providers operate from Sintra because of its proximity to Lisbon's larger technology and finance ecosystem. Legal and regulatory supervision of fintech activity in Portugal is national and carried out by Portuguese authorities based in Lisbon and across the country. That means businesses in Sintra follow the same national and EU rules as companies elsewhere in Portugal.
Portuguese fintech law is shaped by a combination of EU directives and regulations, national implementing laws and regulator guidance. Key themes are payment services and e-money regulation, anti-money laundering and countering the financing of terrorism - AML-CFT, data protection and privacy, consumer finance protections and evolving rules for crypto-assets and digital markets. Regulators that commonly engage with fintechs are Banco de Portugal, the securities regulator, the Comissão do Mercado de Valores Mobiliários - CMVM, and the national data protection authority, Comissão Nacional de Protecção de Dados - CNPD.
Why You May Need a Lawyer
Fintech projects intersect with many regulated areas. A lawyer with fintech experience helps you understand whether your product or service is regulated, which licences or registrations you need, and how to structure operations to comply with applicable rules. Early legal advice reduces the risk of enforcement action, fines and reputational damage.
Common situations where people require legal help in fintech include - choosing the right business model and corporate structure; preparing licence applications for payment institutions or electronic money institutions; drafting terms of service, privacy policies and API agreements for open banking; building AML-CFT compliance programs; ensuring GDPR compliance and appointing or advising on a data protection officer; negotiating partnerships with banks and technology vendors; structuring token or crypto offerings; raising investment and preparing shareholder agreements; and responding to regulatory enquiries or investigations.
Lawyers also help with transactional matters such as employment contracts, IP protection, commercial contracts, shareholder disputes and cross-border regulatory issues that often arise when fintech services are provided across EU borders.
Local Laws Overview
The legal framework relevant to fintech in Sintra is primarily national law transposing EU financial services legislation, together with directly applicable EU regulations. The most relevant areas are described below.
Payment services and open banking - Portugal has implemented the EU Payment Services Directive framework, including PSD2 requirements for payment service providers. PSD2 addresses licensing, rights and obligations of payment service providers, strong customer authentication and access to payment account information for third-party providers. Payment institutions and e-money institutions are authorised and supervised by Banco de Portugal and must meet capital, governance and reporting requirements.
Securities and investment services - Activities that involve investment services, collective investments or public offers of securities fall under the CMVM. Crowdfunding platforms and certain token offerings may require registration, prospectus disclosure or other CMVM authorisation depending on the product structure.
Crypto-assets - Crypto-asset rules are evolving. EU-level regulation such as Markets in Crypto-Assets - MiCA is being phased in and will harmonise many aspects of crypto regulation across member states. Until new rules apply, crypto activities in Portugal are governed by a mix of existing laws, regulator guidance and tax practice. Banco de Portugal and CMVM have issued warnings and guidelines about the risks and the possible scope of regulatory oversight.
AML-CFT - Entities carrying out financial activities are subject to customer due diligence, record-keeping and suspicious activity reporting obligations under Portuguese AML legislation. Supervision is shared between Banco de Portugal, CMVM and other authorities depending on the type of activity. Reports of suspicious transactions are made to the Financial Intelligence Unit - Unidade de Informação Financeira.
Data protection and privacy - GDPR applies across the EU. Portuguese organisations must comply with GDPR obligations and with Portugal's national data protection laws and guidance. The CNPD is the supervisory authority for data protection in Portugal.
Consumer protection, payments consumer rules and electronic contracting laws also apply, including rules about clear disclosure, liability for unauthorised transactions and cancellation rights where relevant.
Frequently Asked Questions
Do I need a licence to offer payment services in Sintra?
If you store funds on behalf of customers, execute payment transactions or provide account information services, you may need a licence as a payment institution or e-money institution. The exact requirement depends on the services you intend to offer, how you handle client funds and whether you will be dependent on a partner bank. A lawyer can assess your business model and advise whether registration or full authorisation is necessary.
How do I start the licence application process and how long does it take?
Licence applications for payment institutions and e-money institutions are submitted to Banco de Portugal. The process requires a detailed application package covering governance, capital, business plan, IT and risk management, and compliance arrangements. Timelines vary with complexity and completeness, but applicants should expect several months from preparation to decision. Early engagement with counsel speeds preparation and reduces the risk of requests for further information.
What AML obligations will apply to my fintech?
AML obligations generally include customer due diligence at onboarding, ongoing monitoring, record-keeping, transaction monitoring, suspicious transaction reporting and staff training. The specific obligations depend on the regulated activity you perform. You may also need to appoint a compliance officer and implement written policies and controls that are proportionate to the risk profile of your services.
How does GDPR affect fintech products and customer data?
GDPR applies to personal data processing whether you are a controller or processor. Fintechs must have a lawful basis for processing, provide privacy notices, ensure data security, implement data protection by design and by default, and respond to data subject rights requests. High-risk processing may require a data protection impact assessment. The CNPD issues guidance and can impose fines for breaches.
Are crypto-assets regulated in Portugal and can I run a crypto business from Sintra?
Crypto regulation in Portugal is in transition. EU-level MiCA will introduce a harmonised regime for many crypto-asset services. Until that framework is fully in force, crypto companies should review existing guidance from Banco de Portugal and CMVM, assess whether tokens qualify as financial instruments under securities law, and implement AML controls. Running a crypto business from Sintra is possible, but expect careful legal analysis and ongoing monitoring of regulatory developments.
What are the typical costs of legal and compliance advice for a small fintech?
Costs depend on scope. A one-off legal review or advice on product design can be affordable, while full licence application support, compliance program design and ongoing regulatory advice are more substantial. Expect to budget for initial legal work, licensing fees, capital requirements if applicable, and ongoing compliance costs. Ask prospective lawyers for a fee estimate and options for fixed-fee packages.
Can I rely on a partner bank to cover regulatory responsibilities?
Partnering with a regulated bank can simplify entry, but it does not remove legal obligations. Contracts must clearly allocate responsibilities, and regulators will still expect your firm to maintain compliance procedures for the services you provide. Due diligence on partners and clear service-level agreements are essential.
What happens if I operate without the required licence?
Operating without the required authorisation can lead to enforcement actions, fines, orders to cease activity and reputational harm. In some cases, it can expose principals to criminal liability. If you are uncertain about licensing, seek legal advice before launching commercial operations.
Should I hire a local Portuguese lawyer or an international firm?
A local Portuguese lawyer or law firm with fintech expertise is valuable because they know national regulators, administrative processes and local market practice. International counsel can be useful for cross-border issues or complex EU regulatory interpretation. Many clients use a combination - a Portuguese lead adviser supported by specialist international counsel where needed.
How do I choose the right lawyer or firm for fintech matters in Sintra?
Look for demonstrable experience with fintech licensing, AML, payments, data protection and transactions. Ask about previous work with Banco de Portugal, CMVM or CNPD, request references, confirm language skills and clarity on fees, and ensure the lawyer understands your commercial goals. An initial consultation should produce a clear plan and fee estimate.
Additional Resources
Relevant Portuguese authorities and organisations that provide guidance or oversight for fintech activities include - Banco de Portugal for payment institutions, e-money and certain AML supervision; Comissão do Mercado de Valores Mobiliários - CMVM for securities, investment services and crowdfunding issues; Comissão Nacional de Protecção de Dados - CNPD for data protection and privacy; the national tax authority - Autoridade Tributária e Aduaneira for tax matters; and the Financial Intelligence Unit - Unidade de Informação Financeira for AML reporting.
Other resources that can help include - the Portuguese Bar Association - Ordem dos Advogados for finding accredited lawyers; Portugal Fintech and local fintech associations for industry guidance and networking; incubators and accelerators in the Lisbon metropolitan area that support fintech start-ups; and business registration services such as the commercial registry and local municipal services in Sintra for company set-up matters.
Next Steps
1. Map your business model - describe exactly what services you will offer, where funds and data will flow, and which markets you will serve. This clarity helps determine supervision and licensing needs.
2. Seek an initial legal consultation - engage a Portuguese lawyer with fintech experience to review your model, identify regulatory triggers and propose a compliance roadmap. Prepare a concise briefing kit with product descriptions, flow diagrams and projected volumes.
3. Prioritise compliance foundations - implement basic AML-CFT measures, data protection safeguards and transparent customer terms before public launch. Consider appointing a compliance officer and documenting policies.
4. Decide on corporate and tax structure - register the appropriate legal entity, plan for capital needs if a licence is required, and obtain tax advice relevant to fintech revenue streams.
5. Prepare for licence applications if applicable - gather governance documents, business plans, IT and security descriptions, and evidence of sufficient capital and qualified management. Work with counsel to prepare complete submissions.
6. Engage regulators early if uncertain - a formal or informal pre-application meeting with the competent authority can clarify expectations and speed review times.
7. Choose local support - select lawyers, accountants and technical advisors experienced in fintech and Portuguese regulation. Confirm roles, deliverables and fee arrangements in writing.
If you are in Sintra and need help, start by preparing a clear description of your product and schedule an initial meeting with a Portuguese fintech lawyer. That meeting will give you a practical list of next actions, realistic timelines and a budget estimate so you can proceed with confidence.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.