THE REGULATION OF THE INSPECTION PROCESS AND THE ADMINISTRATIVE SANCTIONING PROCESS

12 Nov THE REGULATION OF THE INSPECTION PROCESS AND THE ADMINISTRATIVE SANCTIONING PROCESS

On October 28, 2021, the Official Gazette published Resolution CD/ANPD No. 1, approving the regulation that addresses the criteria for inspection and penalties to be applied in cases of non‑compliance with the Brazilian General Data Protection Law (“LGPD“).

The regulation applys to data subjects, processing agents, natural or legal persons, public or private law, and other parties concerned with the processing of personal data.

The inspection of activities involving the processing of personal data includes monitoring, guidance, preventive action, and, in some cases, repressive activity:

(i)         The monitoring activity is intended to gather relevant information and data to support decision-making by the National Data Protection Authority (“ANPD“) in order to ensure the full functioning of the regulated environment;

(ii)        The guidance activity is characterized by cost-effectiveness and the use of methods and tools aimed at promoting guidance, awareness, and education of data processors and data subjects;

(iii)       Preventive activity consists of action based, preferably, on the joint construction and dialogue of solutions and measures aimed at bringing the processing agent back into full compliance or to avoid or remedy situations that could entail risk or damage to the personal data subjects and other processing agents;

(iv)       The repressive activity is characterized by the coercive actions of the ANPD, aimed at interrupting situations of damage or risk, bringing them back into full compliance, and punishing those responsible by applying the sanctions provided for in Article 52 of the LGPD, through an administrative sanctioning process.

The regulation is composed of 71 articles and can be fully accessed here.

This article is intended exclusively to provide information and does not contain any opinion, recommendation or legal advice from Kestener & Vieira Advogados concerning the matters herein addressed. Copyrights are reserved to Kestener & Vieira Advogados.