Anticipating the completion of the theme analysis, one can say that the answer is no!
The main argument of the author of PL No. 500/21 is the impossibility of recognizing that all companies working with the processing of personal data will have been able to adapt the regulations provided for from LGPD until the month of August this year (2021 ) In so far as the effects of Covid-19 pandemic have created a financial barrier for adequacy.
However, it is important to draw attention to an equally relevant aspect, although little considered. Inbesticing the penalties arising from the performance of ANPD (National Data Protection Authority) have not yet been in effect - and may even be postponed by the fourth time - the economic agents that deal with personal data need to bear in mind that there are several other factors that They can compromise not only the company's financial health, but their own reputation and credibility before the market.
First, because other sanctions can be applied to companies. We can cite, for example, administrative sanctions of consumption bodies, as well as individual actions of personal data holders or shares by public ministries.
Secondly, because irregular treatment or data leaks can negatively expose the company image and compromise the business as a whole.
and, thirdly, because at this point and stage of understanding about the importance of personal data are properly treated, it does not even make sense to continue doubting how LGPD will "pick up". This, in a way, is irrelevant from the pragmatic point of view and needs to be demystified.
It is important to highlight in this context that the most relevant factor are personal data and not LGPD itself. That is, economic agents need to be concerned - when speaking of project suitability projects - in effectively protecting the personal data of their customers, suppliers and employees and not only observe the guidelines required by legislation.
It is to say: You must see the protection of personal data as strategic something within the organization, under an investment bias and not from a perspective of expense to achieve adaptation to the law. It is possible to say, without a doubt, The correct valuation of personal data has become a competitive differential in the market.
It is for these reasons that it is understood that although the objective of the project of Law No. 500/21 is to give a longer time so that the agents who have not yet suited LGPD requirements can do so, postponement, , may cause a false sensation of relief. And this is important to avoid.
Carpena Advogados is available to heal any doubts on the subject, as well as assist companies in projects related to personal data protection.
