On November 8, 2022, the Brazilian National Data Protection Authority (“ANPD”) published the regulatory agenda for the biennium 2023 and 2024.

According to the ANPD, its objective with the agenda is “to provide greater publicity, predictability, transparency and efficiency to the Authority's regulatory process, enabling its monitoring by the society and bringing greater legal certainty in the relationship with regulated agents.

Unlike the regulatory agenda published for the biennium of 2021 and 2022, which defined the semester scheduled for the regulation start, the current plan divided the topic into 4 phases, prioritizing issues that started during the previous regulatory agenda.

One of the agenda highlights is the initiative on the regulation of dosimetry and the application of administrative penalties. According to information from the ANPD, the document is in the final stages of preparation. Thus, its publication is expected to occur during the first months of 2023.

In addition, ANPD also indicated the following initiatives with prevalence (Phase 1) over the other topics: (i) Data subjects' rights, (ii) Incident report and notification deadline, (iii) International Transfer of Personal Data, (iv) Data Protection Impact Assessment, (v) Data Protection Officer, (vi) Lawful basis for personal data processing, (vii) Definition of high risk and large scale processing, (viii) Sensitive Personal Data – Religious Organizations, (ix) Use of personal data for academic purposes and for conducting studies by research body, (x) Anonymization and pseudonymization, and (xi) Regulation of the provisions of Art. 62 of LGPD.

To access the entirety of the Regulatory Agenda, click  here or contact us.

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