Daniel Adensohn de Souza
The General Data Protection Law (LGPD) came into force on September 18, 2020, and sanctions may be applied by the National Data Protection Authority (ANPD) as of August 1, 2021.
The LGPD provides special attention to micro and small businesses, establishing the ANPD’s competence to issue regulations on the subject, as provided for in art. 55-J, item XVIII, reproduced below:
Art. 55-J. The ANPD is responsible for:
(…)
XVIII – to edit simplified and differentiated rules, guidelines and procedures, including regarding the deadlines, so that micro and small businesses, as well as incremental or disruptive business initiatives that declare themselves to be startups or innovation companies, can adapt to this Law;
In this sense, the ANPD started on January 29, 2021 to take subsidies on the regulation of the application of the LGPD for micro and small companies, as well as incremental or disruptive business initiatives that declare themselves to be startups or innovation companies and individuals who process personal data for economic purposes.
One of the objectives of the study, with regard to the compliance of small agents with the data processing rules laid down in the LGPD, is the assessment of the possible relaxation of some LGPD rules to small companies and, also, of the risks that the relaxation or the departure from these rules may cause the fundamental privacy rights of the holders of personal data, as well as the potential impact of the maintenance of obligations on small agents.
Contributions must follow the model published on the Authority’s website and can be sent until March 1, 2021, to e-mail consultapublica@anpd.gov.br, with the subject of Taking Subsidies 1/2021.
In addition to the submission of forms, the ANPD’s General Coordination for Standardization is available to hold meetings with public and private agents involved in the topic, as long as they are previously requested through the corporate box consultapublica@anpd.gov.br and occur within the period subsidy making.
The initiative is part of the Regulatory Agenda for the 2021-2022 biennium, approved by Ordinance No. 11/2021, which sets as goal, in its item No. 3, the beginning of the regulatory process on the subject in the first half of this year.
The Authority expects that the Taking of Grants will make a relevant contribution to the drafting of the regulations, which will subsequently be the subject of public consultation and hearing.
For Waldemar Ortunho, CEO of the ANPD, “the beginning of the grant making demonstrates that the ANPD is committed to meeting the schedule provided for in the recently published regulatory schedule”.
