The General Law of Personal Data Protection (LGPD) is a milestone for the Brazilian law. Published on August 15, 2018, the legislation entered into force only on September 18, 2020, given a series of postponements – the last due to the new coronavirus pandemic. For this reason also, the administrative sanctions provided for by LGPD will only be applied from August 2021 on.
With LGPD, the protection of personal data in Brazil now counts on specific legislation, which provides legal safety for data holders and processing agents, whether from the private sector or from the government.
And, of course, legal safety is essential to have a favorable environment for economic development, since the country adopts the best international practices regarding data protection. It is worth mentioning that the fundamental right to privacy, set forth in article five, item X, of the Federal Constitution, is strengthened with LGPD.
The publication of LGPD in the Federal Official Gazette occurred in the same year in which the General Data Protection Regulation (GDPR) came into force, the European data protection regulation, deemed a worldwide reference. But that is not the only characteristic shared by these legislations. Much more than that, as LGPD was in fact inspired by GDPR, with grounds, principles, and provisions in common.
In a digital economy like today’s, with the massive use of data by companies and the government, the holders’ rights shall be protected, with clear rules that enable economic development without any damage to citizens’ privacy.
For LGPD to exercise its role, the National Data Protection Authority (ANPD) must be fully operational. At the end of August of this year, Decree 10.474/2020 structured ANPD, an organ linked to the Presidency of the Republic with the functions of regulation, inspection and sanction.
ANPD’s work shall prioritize constructive engagement with the private sector through dialogue, support, mutual cooperation, guidance, awareness and information. The administrative sanctions provided for in LGPD, which can only be applied as of August next year, shall be the last option – only in cases of willful violation or exponentially negligent practices, repeated or very serious conducts.
It is important to note, however, that although the administrative sanctions provided for in LGPD have been postponed, companies hereby have the duty to notify in the event of an incident involving personal data. This is because sectorial bodies and the Judiciary Branch itself will be able to substantiate their acts based on LGPD to apply administrative measures and judgment against for civil liability.
In this e-book for free download, part of the campaign #LGPD2YEARS, we gathered 16 infographics that highlight the main points of this legislation. Our purpose is to draw attention to the importance of data protection and privacy in Brazil, encouraging companies and the government to fully comply with the law.
For more information, our teams of Opice Blum, Bruno, Abrusio e Vainzof Advogados Associados remain at your disposal.