THE SANCTIONS SET FORTH IN THE GENERAL DATA PROTECTION LAW ARE IN FORCE

The Brazilian General Data Protection Law – No. 13.709 (“LGPD”) came into force on September 18, 2020, and it provides the terms of the treatment and privacy of data in Brazil. However, due to the coronavirus pandemic the Law No. 14.010 was issued, which, among other measures, has extended the deadline for the entry into force of LGPD sanctions to August 1, 2021.

Thus, the companies gained a period of almost a year to comply with the LGPD without the possibility of being financially punished by the National Data Protection Authority (“ANPD”).

Therefore, as of this month of August the following sanctions provided for in the LGPD may be applied:

  1. Warning, with a deadline for the adoption of corrective measures;
  2. Simple fine of up to 2% of the revenue of the private legal entity or group in Brazil in its last fiscal year, excluding taxes, limited to R$ 50,000,000.00 per violation;
  3. Daily fine, considering the limit mentioned above;
  4. Publication of the infraction after confirmation of its occurrence;
  5. Blocking of the personal data referent to the infraction;
  6. Removal of the personal data referent to the infraction;
  7. Partial suspension of the operation of the database referent to the infraction for up to 6 months, until regularization;
  8. Suspension of the exercise of the processing activity referent to the infraction, for a period of up to 6 month,s extendable for an equal term; and
  9. Partial or total prohibition from exercising activities related to data processing.

Despite the deadline granted by Law No. 14.010, a large number of companies are still unable to fully comply with the obligations set forth in the LGDP and they are subject to the sanctions described above.

In this context, there is an urgent need to adapt the Brazilian companies to the rules of personal data processing, through mapping of data, verification of internal processes, review of policies and definition of an action plan. The LGPD compliance, more than a legal obligation, is an important element to maintain the competitiveness of companies in the market.

Our office is available to clarify any doubts in this regard and help you in the process of adapting your company to the LGPD.

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