Portuguese data protection legislation considers unauthorized video recording in public spaces to be a significant invasion of privacy. This is based on national law no. 58/2019, which implements the EU General Data Protection Regulation (GDPR). According to Article 19, cameras may not be installed on public roads, adjacent properties or other areas that are not wholly owned – unless this is absolutely necessary for safety reasons. A circumstance that is regularly not the case with dashcams in private vehicles.
Possession can already lead to punishment
Portugal’s approach is also particularly strict because not only the use, but also the possession of a dashcam can have legal consequences. The authorities make it clear: a camera that is visible in the car – for example on the dashboard, in the glove compartment or in the trunk – can already be grounds for police action. In extreme cases, the fines can amount to up to €25,000 (approx. $27,100).
Portuguese criminal law supplements this view in Article 199: the unauthorized recording and distribution of non-public statements or images can be punished with a fine or imprisonment. Although courts recognize dashcam recordings as evidence in individual cases – for example in the investigation of criminal offences – this is only done under strict conditions and always on a case-by-case basis.
Similarly strict regulations in Austria, Luxembourg and Switzerland
Austria also takes a particularly tough line on video surveillance. According to the national surveillance law, dashcams are considered illegal recording devices as they systematically capture footage without prior consent. Anyone caught operating or possessing a dashcam faces fines of up to €25,000 (approx. $27,100) – especially for repeat offenses or if the recorded footage is shared publicly.
In Luxembourg, the laws are similarly restrictive. Many drivers believe that filming from a private vehicle is classified as “private use”. However, Luxembourg law already considers the recording of public roads and passers-by to be a violation of privacy – regardless of whether the material is distributed. The data protection authorities confirm this: Tourists are also subject to these regulations without restriction.
In Switzerland – although not a member of the EU – the Federal Data Protection and Information Commissioner (FDPIC) effectively bans the use of dashcams. Legally, use is only permitted under very strict conditions, which are almost impossible to fulfill in practice: It must be ensured that people have been informed about the recording and have given their consent.
Differences across Europe: legal gray areas remain
While Portugal, Austria, Luxembourg and Switzerland have issued clear bans, the situation in other European countries is much more varied:
- Germany allows dashcams subject to strict conditions: only short sequences may be stored and the recordings must be processed in accordance with data protection regulations.
- France permits use for private purposes, but requires faces and license plates to be rendered unrecognizable when the footage is passed on.
- Belgium also permits use, but requires explicit consent for publication.
These differences pose a considerable risk for cross-border travelers. What is considered useful evidence in one country can be considered illegal surveillance in a neighboring country.
What travelers should be aware of
Particularly in summer, when many tourists are traveling through Europe by car, caution is advised. Experts from automobile clubs and manufacturers urgently recommend finding out about the relevant regulations before setting off and removing dashcams completely from the vehicle if necessary. Visible cameras – even if they are switched off – can already be considered an offense.
In addition, dashcam recordings should never be published on the internet or made available to authorities without being checked. In many countries, such content cannot be used or is even punishable by law. If you do not want to do without recordings as a safeguard, you should consider alternative tools such as GPS trackers or digital logbooks that do not record any personal data.
Conclusion: data protection knows no national borders
The legal situation regarding the use of dashcams in Europe is extremely inconsistent and complex. Portugal has sent a clear signal with its clear ban – other countries such as Austria, Luxembourg and Switzerland are following similar lines. For travelers, this means that a device that is permitted in Spain or Germany without any problems can become a cost trap or a legal problem just a few kilometers away.
If you want to avoid unnecessary trouble, fines or even legal proceedings, you should either remove your dashcam completely when driving through prohibited regions or at least stow it out of sight and out of reach.
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