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New Brazilian Data Protection Authority can release small companies, startups or innovation companies and non-profit entities from the duty to nominate a DPO

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On August 30, 2021, Brazilian Data Protection Authority (ANPD) initiated a public consultation about the resolution draft which regulates the applicability of Law nº 13.709/2018, Brazilian General Data Protection Law (LGPD), for small companies, startups or innovation companies and non-profit entities.

According to the draft, that group of companies is considerate small processing agents and should adopts simpler proceedings purposing to be in compliance to LGPD.

Among other rules, the new resolution releases those companies from the duty to nominate a Data Protection Officer (DPO), as required by the Brazilian law, Article 41. Despite this rule, the small processing agents must provide a channel of communication from the data subjects.

The public consultation takes place on September 14 and 15, 2021 and who wish to express their interest must subscribe till 6 PM of September 9.

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