The need for economic agents are in compliance with LGPD - General Data Protection Law - wins strength at this time. First, by the fact that administrative sanctions - among which are fines of up to 50 million reais - can be applied from August 1st. Secondly, because judicial decisions on matter have been gaining prominence in the national legal scenario.
Although the law is in force for nearly a year, the moment is of particular attention, notably by the initial term of validity of the rules that authorize the imposition of administrative penalties and expectations that have been created on what will be the performance of ANPD - Authority Data protection at this time of transition. Although there is a certain consensus that there is a tendency to be adopted a more educational posture on the part of the governmental body, this perspective must be a matter of relief by economic agents, especially because the judiciary has already begun Position on the subject.
In this sense, it is possible to highlight the recent judicial decision made in collective action n. 0020043-80.2021.5.04.0261, joined by a union, which became a cause for concern for all those who have not yet led to LGPD. As seen from the reading of the decision, it was determined that the recipient of the action must, within 90 days, indicate the name of the data protection (DPO), implement measures that protect workers' data, in addition to proving those obligations In the records, under penalty of a daily fine of R $ 1,000.00. This is an example among other hundred actions that have already been filed - including consumers / data holders - whose main foundation is precisely the violation of the rights provided for in LGPD.
The beginning of the administrative sanctions provided for in law, coupled with recent judicial decisions, should serve as an alert for companies to seek compliance with LGPD as soon as possible. Carpena Lawyers is available to heal any doubts about the theme as well as assist companies in their privacy and personal data protection programs.
