Brazil: Regulation Of The Inspection Process And Sanctioning Administrative Process Is Approved

On October 28, 2021, the Regulation of the Inspection Process and Sanctioning Administrative Process issued by the Board of Directors of the National Data Protection Authority ("ANPD") was approved within the scope of its regulatory, supervisory, and sanctioning powers defined in the Federal Law No. 13,709/18, Brazilian General Data Protection Law ("LGPD"), Decree No. 10.474/20 and the Internal Regulation of ANPD, approved by Ordinance No. 1 of March 8, 2021.

The Regulation indicates the procedures related to ANPD's monitoring, guidance, prevention, and repression activities, based on the adoption of measures proportional to the identified risk and the posture of the regulated agents.

The Regulation presents the phases of the sanctioning administrative procedure and the possibility of the proposal for the execution of a term of adjustment of conduct ("TAC") by the assessed agent to suspend the administrative process, if accepted by resolution of the Board of Directors.

In practical terms, the Regulation defines the deadlines, procedures and requirements for ANPD's inspection and repressive activities, in addition to indicating the duties of agents submitted to the inspection process. ANPD's first monitoring cycle will start in January 2022.

ANPD will also establish guidelines on the dosimetry of sanctions, as defined in art. 2, § 1º of the Regulation.

The Regulation is another step towards promoting the culture of data protection in Brazil, promoting an appropriate environment for data subjects and other agents engaged in complying with applicable data protection legislation.

KLA's Data Protection team has extensive experience and assists organizations in implementing data protection programs, supporting clients from different sectors in complying with the law, and in adopting the necessary controls to meet their requirements. We make ourselves available to assist with project implementations and answer any questions.

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