What measures can the State take to stop the spread of COVID-19? Could the Government or other public entities impose restrictions on me (for example, limit freedom of circulation, restrict my establishment’s opening hours) based on the need to fight the COVID-19?

COVID-19 may justify regulatory measures with a direct impact on the activity of public and/or private entities, including the suspension of activity or closure of services, establishments and sites destined for public and private use, as well as the internment or compulsory provision of healthcare to persons who constitute a danger to public health.

As part of the declaration of a state of emergency, the Government has the authority to adopt measures to combat and prevent COVID-19, and through Decree no. 12/2020, of 2 April, the Government has taken a series of mandatory restrictive measures based on the need to combat COVID-19, which are reinforced by Presidential Decree 12/2020 and include home quarantine, the possibility of civil requisition of doctors, nurses and other health personnel, among others.

 

Am I under a duty to comply with the authorities' guidelines and public health protection measures?

Public health guidelines issued by authorities are not always binding. However, compliance with these guidelines is correlated with the fulfilment of duties of care, which in turn may protect and exonerate your company from claims based on non-contractual civil liability (or other reasons).

Companies should therefore be prepared to identify and respond quickly and appropriately to legislative or regulatory changes, as well as to  analyse instructions or guidelines provided.

Companies should also appropriately register the preventive measures taken spontaneously or in compliance with laws, guidelines or administrative regulations associated with COVID-19.

 

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This information is being updated on a regular basis.

All information contained herein and all opinions expressed are of a general nature and are not intended to substitute recourse to expert legal advice for the resolution of real cases.