From Authority to Regulatory Agency: The Strength of the ANPD

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Summary

On September 18, 2025, the Provisional Measure that transformed the National Data Protection Authority into the National Data Protection Agency (MP 1.317/2025) was published in the Official Gazette of the Union. 

The acronym, functions, role, and achievements remain the same… But this change, which includes it among Brazil's regulatory agencies, also grants it independence in administrative decision-making, financial management, its permanent staff, and, most importantly, greater autonomy and authority in its regulatory activities.

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In this sense, if we think comparatively about the actions of the ANPD (National Data Protection Authority) as we are accustomed to observing Anatel (telecommunications), Aneel (electricity), the Anvisa (health surveillance) among others, it is natural to conceive a line of reasoning that leads us to inspection processes, audits, periodic submission of specific data and indicators, and so on... Here, from my perspective that differentiates "those who do" from "those who say they do," it will be wonderful to experience!

If we continue to observe this “?"Having achieved this level of thematic maturity, which is recognized both nationally and internationally, we believe we have reached a level of thematic maturity that exceeds our previous standards for GDPR compliance, as well as other regulations to follow. The level of protection we have achieved gives us greater confidence and mitigates legal and financial risks."

This thematic maturity primarily provides us with greater security when we view privacy as a fundamental right of Brazilian citizens, improving and evolving the data protection culture both from the perspective of individuals and their rights and from the perspective of legal entities and their duties. 

Professionally speaking, what is expected is the professional recognition of privacy and data protection specialists, and this includes, in my view, lawyers, non-lawyers, and those with or without a background in technology. Just as in an orchestra there is room for those who conduct and those who operate, there is room for those who plan and execute, for those with a holistic vision and for those with a specific vision. And there is much beauty and scope in this aspect.

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