ANPD’S INTERNAL REGULATIONS HAVE BEEN PUBLISHED

ANPD’S INTERNAL REGULATIONS HAVE BEEN PUBLISHED

Last Tuesday (March 8, 2021), after being approved by the Board of the National Data Protection Authority (“ANPD“), Ordinance No. 01, which provides the ANPD’s Internal Regulations, was published.

The Internal Regulations aim to establish a basis for the operation of the ANPD by defining structures and procedures, such as:

(i) The competencies of the ANPD bodies.

(ii) The procedures for the proper functioning of meetings of the Board of Directors.

(iii) The administrative acts and processes.

In addition to the Board of Directors, the Internal Regulations also provide for the National Council for Data Protection and Privacy (“CNPD”), which will have an advisory role and assist in the constitution of guidelines for a national data protection policy.

Despite the robust nature of the document, the Internal Regulations do not provide the procedure for the investigation of violations and the application of administrative sanctions, which will be the subject of separate regulations.

The Internal Regulation is part of the priority themes present in the Biannual Regulatory Agenda for 2021 and 2022[1].

The full Rules of Procedure are available for consultation here.

[1] For more information on the Regulatory Calendar for 2021 to 2022 released by ANPD, access “ANPD Publishes Regulatory Calendar 2021 – 2022” at https://habeasdata.kgvlaw.com.br/en/anpd-publica-agenda-regulatoria-2021-2022/

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.

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