The General Data Protection Law is already in effect, but its sanctions will only be applied starting in August. Therefore, this is the final stretch for companies to adapt their data processing to the new LGPD rules, and this process can be lengthy.

The legislation demands a series of structural changes and the creation of new processes. And since all of these require time and work, the ideal is to get ahead and start as soon as possible! 

Next, we will look at some practices your company needs to have, or verify if they are already in place, so you can know if it is in compliance with the LGPD (Brazilian General Data Protection Law).

Mapping actions

The first step towards LGPD compliance is to map all internal operations directly related to data collection and processing. Generally, these activities are linked to the marketing, sales, and IT sectors, but ideally, all areas should be analyzed to ensure nothing is overlooked.

All data collection and processing activities involve handling personal data, and this data also needs to be analyzed. To facilitate this process, the company should conduct a... data collection to organize the data into classes according to their importance and department.

Analyzing and categorizing data can reveal that your company possesses unnecessary information. Duplicate copies, invalid or outdated data, for example, can and should be eliminated. In addition to making room for new information, this practice allows you to focus your efforts on data that truly matters to the business.

Review materials

Take some time to review materials related to data protection and digital security. Terms of Use, Privacy Policy Even contracts need to be reviewed to ensure they comply with the LGPD (Brazilian General Data Protection Law). In some cases, it may be necessary to include a special clause about how your company uses the data.

It's important to remember that legal support is essential for this, and whenever you need to create or modify legally binding materials, such as contracts. Take this opportunity to adjust service contracts, whether internal or external, with companies and professionals who have access to and process personal data on your behalf.

Create guides and reports

Focus on creating manuals, guides, and other materials to describe the importance of following the legislation and the best practices that should be followed. It is important that these materials are readily available for future reference.

List everything that will need to be changed, detail how the transition to the new processes will take place, and what the time and investment will be to get there.

Since there will be strong enforcement of the law, it is advisable to create a data protection impact assessment report. This document will detail the actions taken by your company to comply with the LGPD (Brazilian General Data Protection Law). In addition to serving as legal protection, reports like these can be requested at any time by the regulatory authority. National Data Protection Authority (ANPD).

Restructuring teams

Don't assume your employees will adapt to new procedures, terminology, and activities overnight. Invest in regular training and refresher courses to ensure the information has been properly retained and is being applied in daily work.

The new data protection law will create several new tasks, and some procedures will need to be changed. Therefore, it is important to plan a restructuring of... team and to make any necessary hires so that everyone is familiar with the new work routine and best practices for data handling.

Don't forget to hire or appoint a DPO (or data protection officer) to manage data protection. The DPO's responsibilities include monitoring and guiding the activities and professionals involved in data protection, and mediating communication with the ANPD (National Data Protection Authority) and other entities. holders.

Adapting tools

One of the main reasons for creating data protection policies is to keep this information secure. With this in mind, it's also important for your company to analyze the security mechanisms used and update them. All security techniques and procedures should be documented and communicated to consumers.

Verify that the data processing tools you use comply with the LGPD (Brazilian General Data Protection Law). Many platforms have already adapted to the GDPR, but it's important to confirm that they also comply with the new Brazilian law and make adjustments if necessary.

Privacy Tools has the most complete Privacy Management Platform From Latin America. Want to see in practice how it can help your company? Do the free trial!