On October 29, 2021, Resolution CD/ANPD No. 1 was published. This Resolution disciplines the process of supervision and administrative sanctions in the scope of the National Authority for Data Protection (ANPD).
The supervision of the Brazilian General Law of Data Protection (also known as LGPD) includes the activities of monitoring, guidance, and preventive action, in addition to establishing the administrative proceedings of the ANPD’s repressive activity, from the preparatory procedure, stages of initiation and instruction, decision, appeals and compliance with the decision, including possible review.
The ANPD’s goal is to protect data subjects, to promote the implementation of data protection legislation, and to ensure compliance with the LGPD, which establishes a series of rules for the treatment of personal data by companies of all sizes and segments, public institutions, and also by individuals who use third-party data.
Regarding monitoring activity, the resolution provides that the first monitoring cycle will begin in January 2022. To avoid the progression of the ANPD to repressive action, it is important that companies meet the minimum compliance requirements provided for in the LGPD and in this resolution. Failure to adopt measures compatible with the law will be considered an aggravating factor in any administrative sanctioning procedure.
The inspection criteria and the penalties in the case of non-compliance with the General Law of Data Protection (LGPD) can be seen in full on the website below (in Portuguese only):
