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Data Protection Fines Are Going To Be Applied In Brazil

Data protection laws are going to have stricter standards

Brazil, until a certain point always had some form of legal protection to regulate data-related issues. During the covid-19 pandemic, the number of frauds and scams increased probably because many people started using technology, and actually needing it to buy and work. So the discussions about the General Personal Data Protection Law (in Brazil called: Lei Geral de Proteção de Dados Pessoais) that were happening in the world also came to Brazil. And the law was created in 2018, but now in 2021, some administrative decisions will enforce the necessity of applying it properly.

Which administrative sanctions will be applied?

Let’s see some of the measures that will be effective now in August and that are related to such law.

  1.  There will be a warning about a deadline for taking corrective measures and adequate the Company to the requisites of the LGPD law.
  2. There will be a simple fine of 2% from the revenue of the Company of up to R$ 50,000,000 for each infraction. It will not make a difference if the entity is public, private, or an organization or group. The same law will be applicable for all cases, in the
  3. The fine will be calculated daily but considering the roof in the amount mentioned above.
  4. The infringement will be publicized only after a proper investigation and a confirmed breach of the applicable law.
  5. The data relating to the infringement will be blocked until properly corrected.
  6. The data that is related to the infringement can also be deleted completely.
  7. The suspension will be possible, of the same data that is related to such infringement, for up to six months. This period can be extended until the correction is done.
  8. The database operation also can be partially suspended, also for six months and extendable.

The decision was considered a bit like a last-minute one, though the LGPD has been discussed for many years. Since the problem has also is being talked about for years, the Senate decided to pass into effect such fines as a way to speed up the application of the decisions.

LGPD-in-effect

The effect of the law started on Thursday, August 27, 2020. But such fines will start being applied from August 2021.


If your Website collects any kind of data you need to comply as soon as possible

You will need to comply with the Brazilian requests of such law as soon as possible, certainly. There are several companies that will be able to help you to do it as fast as possible. This can avoid further damages with possible fines that could have been avoided. Such fines can be applied for any company that processes or collect data from users online, and full compliance will be required by now.

140 million users of the Internet and growing

This is the estimative of the number of Internet users in Brazil, but especially during the covid-19 pandemic. Such an amount is growing fastly because of the new technologies being used to conduct businesses currently. And really due to the increasing amount of people needing to use many new technologies to be able to even work or buy essential products. But there are some sectors that will really need to be complying with such new parameters, such as:

  • Banking companies.
  • Companies that perform businesses in the real state sector.
  • Internet companies that need to require personal and banking information from their clients.

Conclusion

In this article we are discussing the new resolutions in the Brazilian government related to the LGPD laws. Those laws are the localized version of the General Data Protection Regulation – GDPR for the rest of the world. And now fines can be applied to companies who won’t comply accordingly with such laws. They establish rules related to the handling, sharing, collecting, and storing of information that could be managed by companies. Did you like our post? Don’t forget to follow our LinkedIn page for more interesting news about Brazil and international economical facts.

References

LEXOLOGY.COM. Last Part of the Brazilian Data Protection Law (LGPD) – Administrative Sanctions – Takes Effect August 1, 2021. Available at: <https://www.lexology.com/library/detail.aspx?g=c24bed48-78ba-4957-a994-61a7d8d7ce02>.

ZDNET.COM. Brazilian boards struggle with data protection rules. Available at: <https://www.zdnet.com/article/brazilian-boards-struggle-with-data-protection-rules/>.