The General Personal Data Protection Law - LGPD came into force on September 18, 2020, with the publication of law 14,058/20. The law was partially in force since 2020, but the administrative sanctions were postponed until August 1, 2021, when it then came into force in its entirety. Since then, Brazil has been part of a select group of countries that have specific laws related to the protection of data and privacy of citizens, and experts say that we have already made significant advances in the scenario of appropriateness of the LGPD.
One of the advances in appropriateness of the LGPD by companies is the work of the ANPD. By means of Decree No. 10,474/2020, the Federal Government created the regulatory structure of the National Data Protection Agency (ANPD), an agency of the Presidency of the Republic that has been attuned to its purpose of promoting education, awareness and transparency in matters involving the protection of personal data.
The actions of compliance with the LGPD have created a new culture of privacy in the country, driven by the advance in the use of digital technologies, reflecting the understanding that personal data must be valued as it deserves. The challenges faced are still similar to those that occur in other countries, but it already seems culturally that it is necessary to guarantee the protection of personal data, not only by complying with the Federal Law, but also by focusing on improvements such as the reputation and credibility of companies.
There has also been an advance in the private sector, which is increasingly looking for events and training courses. A compliance with the LGPD does not allow a standard applicable to all companies, since the LGPD does not dictate a ready recipe for how companies should proceed to adapt to issues involving the processing of personal data. This is because each business needs to be studied in its particularities, so that the best form of adaptation can be found. This factor has also given rise to the need for technical debates on the instrumentation of the law, expanding the dialogue between the various business sectors.
Faced with this perception during those early years of compliance with the LGPD, there is an understanding that the prospects for the topic of personal data protection in Brazil are good. However, continuous evolution is necessary to achieve a balance between the protection of the rights of personal data subjects and economic and social development.
Contact TATICCA — ALLINIAL GLOBAL, which has a qualified and experienced multidisciplinary team, tools and methodology for consultancy in LGPD and also implementation, in an objective and assertive manner, with: guidance and training, diagnosis, analysis of employee contracts, analysis of supplier contracts, analysis of internal policies, analysis of contracts for the provision of service or sale of products, adaptation of contracts in accordance with LGPD, data mapping, implementation of the service channel, drafting of a privacy policy, pre-formatted documentation with all the requirements of LGPD.
