In this newsletter, Cruz Vilaça Advogados analyses the metadata controversy, surrounding the declaration of disconformity with the Portuguese Constitution of rules contained in Law No. 32/2008 of 17 July by the Portuguese Constitutional Court on 19th April 2022. In 2014, the Court of Justice of the EU (‘Court of Justice’) declared, in Digital Rights Ireland, Seitlinger and others, (joined cases C-293/12 and C-594/12), the invalidity of the Directive 2006/24/EC for violating privacy and data protection rights, enshrined in the EU Charter of Fundamental Rights. However, this Spring, the Portuguese Supreme Court of Justice did not consider itself bound by the Court of Justice’s ruling or obliged to refer a question for preliminary ruling to the Court of Justice. Given this intricate context, the expectations regarding the different actors involved remain uncertain.