A few weeks after the entry into force of the EU’s General Data Protection Regulation (GDPR), the Brazilian congress has taken initiatives to approve the final version of the Brazilian Data Protection Law (LGPD), with notorious inspiration in the provisions of the GDPR.
The creation of the LGPD follows a global tendency of regulation of the activities based on personal data of natural persons in light of the exponential growth of the value of such data to the economy. Other countries in Latin America, such as Argentina, Uruguay and Mexico, already have legislations governing the matter.
The LGPD establishes a complex obligations mechanism for private companies and for public entities in the treatment of personal data and also recognizes several rights of data subjects in the country. Among the guidelines of the new law, provisions relating to sensitive data, use of data from children and adolescents, international data transfers and measures in response to safety incidents are also present.
The LGPD also provides for the creation of the National Data Protection Authority (ANPD), the entity with competence to supervise the compliance of the obligations set forth in the LGDP and also to enforce the sanctions in case of non-compliance. Each event of infringement may subject the violators to a penalty of up to 2% of the revenues of the company or of its corporate group in Brazil in the preceding year, limited to R$ 50,000,000.00, among several other possible sanctions.
With the approval of the final version of the law in the Senate last Tuesday (10), the text depends only on the presidential sanction for it to become law in the country. The LGPD shall apply to any data treatment operation that: (a) is performed in Brazil, (b) has the objective of offering goods or services to or the treatment of data from individuals located in Brazil or (c) is based on data collected in Brazil.
After the sanction of the LGDP by the President, it will be published and it will then take an 18 month term before it comes into force in the country. It is essential that this term is used for the preparation and adequation of business practices to the new rules.
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