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Brazil: ANPD addresses LGPD enforcements following entry into effect on 1 August 2021

The Brazilian data protection authority ('ANPD') announced, on 30 July 2021, a series of frequently asked questions ('FAQs') related to the commencement of the application of sanctions and fines under the Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD'), as the fines came into in force on 1 August 2021, following the commencement of all other articles of the LGPD, which entered into effect on 18 September 2020.

In particular, the FAQs address several topics, such as:

  • the types of sanctions, fines, or penalties that can be applied by ANPD;
  • the public bodies which can apply penalties;
  • how the ANPD has been structuring itself to apply penalties;
  • the timetable for the approval of the draft Regulation for Inspection and Application of Administrative Sanctions, which is in the final stages of analysis and public consultation;
  • whether the ANPD intends to liaise with other public bodies for inspection purposes;
  • how public bodies will be penalised;
  • that the ANPD will not be able to apply sanctions related to incidents that occurred before 1 August 2021, but that it can apply to continuing offences initiated before 1 August 2021;
  • that the ANPD can apply these sanctions in various types of situations where controllers do not comply with the LGPD as a whole and not only in cases of data breaches;
  • how fines will be calculated;
  • the ANPD internal teams formed to monitor compliance with the LGPD, receive complaints, and apply sanctions; and
  • that the ANPD's administrative processes can be consulted publicly through the Fala.BR platform.

You can read the press release, only available in Portuguese, here.