FECOMERCIOSP

THE IMPORTANCE OF THE LGPD AND ANPD FOR COMPANIES

Rony Vainzof, legal consultant at FecomercioSP

The General Data Protection Law (LGPD), enacted in August 2018, aims to bring legal certainty for organizations and protection for individuals in the treatment of their data.

The LGPD was expected to come into force in August 2020. However, after many initiatives to postpone its validity, due to the absence of a National Data Protection Authority (ANPD) to regulate it and the Covid-19 pandemic, the law came into force on September 18, 2020. Administrative sanctions will be left to August 2021.

The new law also contemplates the ANPD, a specialized body to act in its enforcement, regulation, inspection, as well as in the creation of national data protection guidelines and policies. Without the technical and efficient performance of this regulatory body, the legislation is in danger of being interpreted and applied incorrectly.

FecomercioSP advocates the urgent creation of the ANPD with a functional structure that strives for technicality in choosing its members and that favors dialogue with the private sector in enforcing the law, in addition to adjusting some points that need to be regulated, such as special rules for micro and small companies, as determined by the Federal Constitution.

Despite all the difficulties faced by companies in recent months, the LGPD is in effect, which can also be an opportunity to adjust companies’ conduct and procedures.

Source: Eletrolar News Magazine #138

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