The new legal framework for foreign higher education in Portugal: mandatory registration, transparency, and enforcement

The recently published Decree-Law No. 83/2026, of 7 April, establishes, for the first time, a specific regime governing higher education activities carried out in Portugal by foreign entities not integrated into the Portuguese higher education system. The decree-law introduces a mandatory registration requirement with the Institute for Higher Education (IES), reinforced transparency obligations designed to protect students, and a proportionate and dissuasive sanctions regime. Entities already operating in Portugal have 90 days to comply with the new requirements.

Background and rationale

The provision of higher education services in Portugal - whether in person, hybrid, or online - by foreign entities legally established and accredited in their countries of origin has, until now, operated without an express legal framework under either the Basic Law on the Education System (Law no. 46/86, of 14 October) or the Legal Regime of Higher Education Institutions (Law no. 62/2007, of 10 September) (RJIES). This regulatory gap gave rise to an insufficiently defined framework, raising doubts regarding transparency safeguards and the reliability of information made available to students and prospective students. The protection of recipients in the field of education is of paramount importance, given that the choices at stake are decisive for individuals' personal and professional lives, particularly where courses may be confused with Portuguese academic degrees or nationally recognised qualifications. The new decree-law fills this gap by establishing specific institutional and regulatory rules.

Scope: which entities are covered?

The decree-law distinguishes between two types of entities. First, it applies to entities legally established in another EU Member State or an EEA State that cumulatively:

• Provide higher education services in Portugal, operating under subclass 85400 of the Portuguese Classification of Economic Activities (Revision 4)
• Issue diplomas that are recognised or valid in the state in which they are legally established
• Do not intend to integrate into the Portuguese higher education system

Second, the decree-law also applies to entities established in third countries (outside the EU/EEA) that, in addition to the conditions above, are accredited by an accreditation agency that is a member of the International Network for Quality Assurance Agencies in Higher Education (INQAAHE). This additional requirement reflects the need for quality assurance in contexts where the EU principle of freedom to provide services does not directly apply.

The following are expressly excluded from the scope of the decree-law:

• Entities that integrate into the Portuguese higher education system
• The United Nations University Operating Unit on Electronic Governance for Policy, headquartered in Guimarães (Portugal), which is governed by a specific international agreement

Mandatory registration: procedure and effects

The new regime establishes a mandatory registration with the IES, which is purely declaratory in nature. The registration application must be drafted in Portuguese and accompanied by:

• Full identification of the applicant entity
• A list of the higher education activities to be carried out in Portugal
• Identification of the entity responsible for issuing diplomas
• Details of the accreditation and recognition regime applicable in the State of origin
• A description of the physical premises (if any)
• Electronic contact details

The applicant's name may not mislead the public, students, or competent authorities regarding its legal nature, institutional status, origin, or accreditation regime, nor may it contain terms reserved for Portuguese higher education institutions under article 10(3) of the RJIES (terms such as “university”, “faculty”, “higher institute”, “university institute”, “polytechnic institute”, “higher school” or other expressions conveying the idea that higher education is provided therein).

The IES must assess the application within a maximum of 30 days and may refuse registration in the following cases:

• Information is missing, insufficient, inaccurate, or false
• The naming rules are breached
• The entity has provided misleading public information
• The transparency obligations have not been met

It is important to underline that the granting of registration does not, under any circumstances, imply recognition of the entity, its activities, or its diplomas, nor does it constitute any form of accreditation or official validation. The entire procedure is conducted exclusively electronically, through a platform provided by the IES.

Transparency obligations

The decree-law enshrines transparency obligations that are particularly relevant for student protection. Registered entities must ensure that recipients, including students, have access, before enrolment, to clear, complete, and accessible information on:

• The legal status of the entity
• The status of the diplomas issued, including their potential validity for academic or professional recognition in Portugal

This information must appear on the entity’s website, and all advertising, institutional communications, and documentation addressed to students must contain it in a visible and unequivocal manner. The IES may order the immediate correction of communication practices that are likely to mislead or compromise institutional transparency.

Supervision and enforcement

Supervision is entrusted to the IES, which may:

• Request documentation
• Seek access (with the entity’s prior consent) to physical premises in Portugal
• Issue recommendations or order corrective measures

However, this supervision does not interfere with the entities’ pedagogical, curricular, or organisational autonomy, nor does it constitute any form of accreditation. The IES is encouraged to prioritise institutional cooperation mechanisms with the competent authorities in the entity’s state of establishment, avoiding overlapping controls, in line with the mutual assistance regime under Decree-Law No. 92/2010 (which establishes the legal framework for the freedom of establishment and the free provision of services in Portugal) and Directive 2000/31/EC, of the European Parliament and the Council (on certain legal aspects of information society services).

Enforcement is primarily the responsibility of the IES and the Inspectorate-General for Education and Science.

Sanctions regime

Breach of the obligations set out in the new regime constitutes an economic offence, punishable under the Legal Regime of Economic Offences (RJCE). The following are classified as very serious economic offences (punishable with fines ranging between EUR 3,000 and EUR 90,000, depending on the size of the entity):

• Carrying out activities without prior registration
• Omitting information, providing false, inaccurate, incomplete, or misleading information, or otherwise failing to comply with transparency obligations or corrective measures ordered by the IES
• Unjustified refusal to cooperate with supervision

Negligence and attempted offences are also punishable, and ancillary sanctions under the RJCE may be applied depending on the gravity of the offence and the degree of fault. The IES may also impose interim measures under the RJCE.

Recognition of diplomas

Higher education diplomas issued by entities covered by this decree-law may be recognised in Portugal under the terms of Decree-Law no. 66/2018, of 16 August (as amended), upon individual application by the diploma holder. Registration of the entity with the IES does not replace or dispense with this individual recognition procedure.

Key deadlines and entry into force

The new regime enters into force on 7 May 2026. Foreign entities that are already within the scope of the decree-law on the date it enters into force must submit their registration application to the IES within a maximum of 90 days or be subject to sanctions.

Practical implications and recommendations

The new regime represents a structural change for foreign entities providing higher education services in Portugal. Entities already operating in Portuguese territory should begin preparing their registration application with the IES without delay, in light of the 90-day transitional period. They should also review their websites, advertising materials, and student-facing documentation to ensure full compliance with the transparency obligations, ensuring that the entity's legal status and the nature of its diplomas are presented clearly and unequivocally.

Third-country entities must verify that they hold accreditation from an INQAAHE member agency, as this is an essential condition for eligibility. Students and prospective students benefit from a significant strengthening of their information rights, although they should bear in mind that registration with the IES does not amount to any form of recognition or accreditation of courses or diplomas.

The regime established by this decree-law does not preclude the application of other general or special legislation, including consumer protection and advertising rules. Covered entities should therefore ensure compliance with the full body of applicable Portuguese law.