The ANDP has published, through Resolution CD/ANPD No. 04 of February 24, 2023, the “Regulation of Dosimetry and Application of Administrative Penalties. The Regulation brings guidelines and criteria for the application of penalties in cases of violation of the LGPD rules.

This is a crucial regulation, especially for public and private entities that still need to adapt their internal policies and processes to the data protection legislation.

The Resolution did not exhaust the objective definition of some essential concepts for determining sanctions, such as “data volume”, “large-scale data” or “relevant damage”. Therefore, the ANPD has already announced that a draft Resolution will be released to eliminate gaps and reduce highly subjective analyses.

As detailed in our newsletter published on April 20, 2023, the ANPD will apply administrative sanctions gradually, considering, among other requirements, the nature, gravity, and extent of the violation and the violator’s good faith, cooperation, and economic capacity.

The Regulation also provides for the ex officio commencement of sanctioning administrative process by the ANPD, regardless of a formal complaint.

To access the full Resolution, click HERE.

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