Warning: Sanctions resulting from irregularities with the LGPD (Brazilian General Data Protection Law) will have retroactive effect.

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Summary

The news was announced through the Migalhas portal by lawyers Enrique Tello Hadad, Bibianna Peres, Milene Rodrigues, Danilo Bernardi, and Isabelle Nepomuceno. 

The fact is that the application of sanctions arising from violations of General Law of Data Protection They can only be applied after the publication of dosimetry standard, scheduled for next month. 

However, despite this situation that prevents the ANPD apply the corresponding sanctions when those penalties begin, will have retroactive effect.

In practice, this means that irregularities detected from August 1, 2021 – the date on which the LGPD (Brazilian General Data Protection Law) came into effect – will receive the appropriate penalties as provided for in the regulations. "Data controllers may be penalized for situations that occurred since August 1, 2021, the date on which the LGPD sanctions came into effect.""The lawyers announce."

The ANPD has already received over 6 complaints.

According to the lawyers, the ANPD (National Data Protection Authority) has already received more than 6 complaints from data subjects since November 2020, with the vast majority of complaints relating to excessive requests for information. e-commerce platforms based on information from clients, which is clearly unnecessary for the processes, such as questions about whether or not a person is married.

Another portion of the complaints refers to situations of data leakage on the part of companies that still treat the subject with a certain carelessness, not paying attention to the rights that these people have to have their data processed with privacy and discarded if the customer so wishes.

It is essential that the data protection officers companies have already created a culture of compliance with the LGPD (Brazilian General Data Protection Law)This demonstrates that the company's governance program is fully operational, complying with the guidelines stipulated by law and prioritizing the security and privacy of data subjects.

And this is important because it generates credibility for the company, which becomes known for handling personal data responsibly, with respect, above all, for the customer who entrusts the company with their personal data.

This high number of complaints reinforces the urgency for these sanctions to actually begin to be applied, because for some companies, unfortunately, the issue will only be treated with due importance when it affects their finances.

In the near future, companies that insist on ignoring regulatory guidelines will lose many customers and opportunities for partnerships and contracts, as the topic has received so much visibility that soon the way each company handles personal data will be a criterion in choosing a product or service; after all, nobody wants to be vulnerable in this vast universe called the internet.

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