Terms and conditions

Dados.gov is the Portuguese Public Administration’s national open data portal.

It is developed and managed by the Agência para a Modernização Administrativa, IP (AMA – Administrative Modernization Agency), which pursues the duties of the Presidency of the Council of Ministers within the areas of administrative modernization and simplification and electronic administration, under the superintendence and authority of the Secretary of State Assistant and of Administrative Modernization. The use of the dados.gov platform is subject to the acceptance of these terms and conditions of use (TCU).

For the purpose of these TCU, the following are understood as:

API (web): structured web interface which allows to automatically interact with an information system, including the data requests;

Public Administration Bodies: the entities integrated in the Public Administrative, as established in article 2 of the Administrative Procedures Code;

Suppliers: entities or individuals which provide data through the dados.gov (note: all suppliers are participants, but not all participants are suppliers);

Open Data: data which may be freely used, reused and redistributed by anyone;

Administrative Document: any content, or part of such content, which is owned or held on behalf of the Public Administration bodies, which may be information in written, visual, sound, electronic or other support, namely including, and according to the provisions in the Law of Access to Administrative Documents – Law no. 26/2016, of 22 August-, those regarding: * Procedures for the issue of administrative acts and regulations; * Public procurement procedures, including the contracts entered; * Budget and financial management of the bodies and entities; * Human resources management, namely the procedures for the recruitment, assessment, exercise of disciplinary power and any alterations to the correspondent legal relationships.

Data Set: group of open data on a specific topic, organized and made available as resources and/or information services (data files, documentation, API, online services, others) and meta-information (data regarding the date of creation, alteration, periodicity, passwords, others).

Participants: any individual registered at dados.gov, aiming to provide data sets of public interest, in order to: * Ensure the provision of quality information to the citizens, namely regarding economic, social or environmental matters; * Allow the scrutiny of the public policies; * Promote the economic development; * Contribute for the scientific and journalistic research;

Or registered solely to participate in discussions, share impressions and promote the reuse of data.

Resources: file or service with information regarding a data set (e.g. a data set may comprise several resources).

Reuse: use of open data, by an individual or legal person, for sharing, purposes or provisions different from the ones intended by the information’s original holders.

User: any individual, registered or not, who accesses the dados.gov to consult information, access data or contribute with contents.

Object

Dados.gov allows: * The publication of public interest data by public bodies and all other Participants; * The consultation or download of data by any User; * Discussions on specific data sets; * Share of enriched or modified data sets; * Disclosure of reuses of open data.

Functions

The use of dados.gov is open and free of charge.

View and download open data

To View and download the data available at dados.gov, you do not need any type of enrolment or prior registry.

Registry at dados.gov and access to specific functions

Any individual or legal person, public or private, may contribute to dados.gov, publishing data sets, reuses, contents, resources and comments regarding the data sets.

For this purpose, the user must sign in/log in at dados.gov. This registry belongs to an individual user and not to an organization or legal person.

By signing in, the user creates a profile at dados.gov. For more details, consult the point regarding “Data protection”. After validating the registry, several functions become available.

The participant may access “community” functions, such as: * Create or associate an organization; * Publish a data set, as a downloadable file, link or API; * Publish additional resources associated to a data set published by other participant (i.e. a data set to which columns regarding geographical information were added); * Publish a reuse, either as a web link or with a presentation format; * Initiate discussions and publish comments to signal problems or make suggestions, for instance.

The participant is also able to share and integrate contents in other websites and may also contribute for the maintenance of quality of dados.gov, for instance by signalling contents which are not compliant with the TCU.

Functions related to organizations

The participants may create or be registered in organizations, which may be formal or informal. The organizations are created and managed at dados.gov by one, or more, administrator(s).

The organizations may: * Publish data sets; * Publish additional resources; * Publish reuses;

They cannot comment or participate in discussions – only individual participants may do so.

AMA suggests two types of certifications regarding organizations: * Certification of Public Services: identifies the public bodies; * Certificate of the Organization’s Authenticity: certifies the validity of the accounts associated to companies, non-governmental organizations or others.

For certification requests, send an email to: dados@ama.pt.

The certificate ensures, to the users, that the data provided was uploaded by a participant of the correspondent body. It also allows the certificated organizations’ data to achieve better results on the search engine.

In the case of non-compliance with these terms and conditions of use, AMA reserves the possibility of revoking the certifications assigned to entities.

Participants’ Responsibilities

Publication of data sets or reuses

General rules

Dados.gov provides public or public interest data and information, uploaded or referenced by Participants, which are available for download, provision of an external link or through an API.

Dados.gov is not aimed for: * Dissemination of advertising data; * Promotion of private interests; * Illicit activities.

In the case of detection of any type of anomalous situation, AMA may, without the need for a prior notice, suspend or remove the access to any data sets which had been uploaded at dados.gov.

The participants who publish data sets must keep the page dedicated to each set up-to-date and promote and interaction with the users’ community. For this purpose, they shall be notified, by email, when new contributions regarding that data set arise (discussions, comments, alerts, upload of additional resources or reuses).

The participants are the only ones responsible for the data, metadata and contents uploaded at dados.gov.

Personal data

The data sets which contain personal information or which enable the identification of individuals cannot be published at dados.gov, except if there is an express consent by the identified individuals or a legal provision which allows the publication of such data.

The Participant is responsible for the data sets he/she publishes at dados.gov and must ensure that the publication complies with the law in force. If there are personal data in a certain data set, AMA recommends that such fact must be mentioned in the documentation of the correspondent set and that any legal restrictions to its reuse, if applicable, are also mentioned.

The Reuser of these data must always comply with the law applicable to personal data protection in force in their country of residence and comply with the stipulations regarding the license applied to these data.

Data covered by intellectual property rights

Whenever a public body or participant publishes a data set which contains elements covered by intellectual property rights, which may prevent its reuse, they must mention their presence in the documentation which accompanies the publication. This documentation must indicate the ownership of the rights or, if this ownership is unknown, the identity of the individual who provided the information.

Licenses

All data uploaded by State bodies are published under a Creative Commons CC BY 4.0 license, except if stated otherwise (more information on Licenses).

The other participants may publish under other open licenses, made available by the platform.

The resources regarding the data sets are covered by the license applied to the set in which they are included.

Publication of commentaries

The discussions in the commentaries must relate to the data set in which they are included. The participants cannot publish advertising or promotional messages, messages with racist, injurious, violent, defamatory or insulting comments or messages which go against the common decency or public order.

By publishing a comment, the contributors ex gratia waiver all their intellectual property rights to the whole world.

Use of the dados(at)ama.pt email

This email address allows to contact the project team of dados.gov for questions regarding the platform’s general operation. It may not be used for specific questions on data sets or suppliers. The participants must be contacted through the comments system regarding each data set.

AMA’s duties and responsibilities

Quality of the service

AMA shall endeavour to ensure a monthly availability of 99.5% of the platform, according to the calendar months.

AMA offers the possibility to contribute to and access the platform through a web interface or a programming interface (API).

AMA shall ensure the best conditions to preserve the integrity and provision of data sets. It also reserves the possibility to alter or add meta-information associated to data sets, when it considers that such alteration is beneficial to the user.

AMA reserves the freedom to develop, modify or suspend, without a prior notice, the dados.gov for maintenance reasons or for other reason deemed as necessary. The platform’s unavailability does not entitle any right to an indemnity.

AMA’s responsibilities

AMA is responsible for the production and management of the platform’s content.

AMA does not carry out an a priori control of the publications uploaded by the public bodies or participants of the dados.gov. Whenever irregular situations or the non-conformity with these TCU are detected, AMA shall act immediately to remove these data or prevent its access. For this purpose, the platform’s users may also signal contents deemed as problematic and AMA shall have the final decision on the need, or lack of it, for intervention.

Transparency in the contents’ presentation

The order for the classification and presentation of the data sets on the search engine is determined by an open algorithm. Its source code is made available at https://github.com/opendatateam/udata/tree/master/udata/search.

In certain areas of the portal, AMA highlights certain type of contents according to the editorial and promotional criteria, in areas such as “Featured Reuses”, “Featured Data Sets”, etc.

Content created by AMA

The content created by AMA are published under a CC BY 4.0 license and may be reused for any purposes. The iconographic and photographic representations are excluded as these are covered by specific licenses.

Use of the uData platform

Dados.gov uses the free open data platform – uData – created by Etalab of the French Public Administration. The source code of the platform is available here - https://github.com/opendatateam/udata.

Amendment and evolution of the terms and conditions of use

These TCU may be amended at any moment, without a prior notice, regarding alterations in the platform, regulatory amendments or for reasons deemed as necessary by AMA.

Privacy and data protection

Personal data

The consultation and download of data do not imply any type of registry or logging in.

To be registered in the platform, the user must provide to AMA the information regarding their “name”, “surname” and “email”. AMA undertakes to ensure the safety and confidentiality of the users’ emails, not sharing that information to third-parties.

The Participant’s profile page publicly presents your “name”, “surname” and elements regarding their activity (data sets uploaded; pages followed). This page is not referenced by the platform’s search engine.

The user’s browsing history is not publicly available and may only be disclosed by AMA in cases requested by law.

Cookies

The portal places “cookies” on the users’ devices for the registry of data regarding the audience (number of visits, consulted pages, others), through the open platform Matomo. These cookies serve only to generate anonymous statistics and do not allow to track the user when he/she browses other websites.

The portal also places browsing “cookies”, for technical purposes, which are not retained.

The browsing experience in the platform is not affected if the users deactivate the “cookies” functions.

Purposes of the process of personal data

The personal data is collected and processed so AMA may manage the users and accesses to the portal.

The personal data is not used for other purposes, apart for the execution of the above-mentioned activities.

Data retention period

The data is retained for the portal’s operational period.

Responsability for the processing of data

The entity responsible for the collection and processing of the personal data is the Administrative Modernization Agency.