Cesar Peres Dulac Müller logo

CPDMA BLOG

Category:
Date: 14 de December de 2023
Posted by: CPDMA Team

The first sanctions applied by the National Agency for the Protection of Personal Data (ANPD) were a wake-up call for companies: the LGPD is a serious law and must be complied with.

Artigo de Juliana Bloise sobre a LGPD.

The General Personal Data Protection Law - Law no. 13.709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process personal data of individuals, in Brazil or abroad, to comply with the new regulations.

Initially, sanctions and administrative fines were imposed by consumer protection agencies (PROCON), the Public Prosecutor's Office, as well as labor and civil lawsuits, until the National Data Protection Authority (ANPD) began its inspection activities in 2021.

At first, the ANPD worked to raise awareness and educate data processors about the importance of applying good practices in the processing of personal data, in the pursuit of the fundamental right to informational self-determination (EC No. 115/22).

The personal data protection system was put into effect when the first administrative sanctions were applied by the regulatory agency.

The first company fined is a provider of telephony services, such as telemarketing and self-service via the messaging service WhatsApp. Because it is a micro-enterprise, the amount for each infraction was limited to 2% of its gross revenue, totaling R$7,200.00 per infraction.

The company was fined for failing to appoint the person responsible for processing personal data, as required by art. 41 of the LGPD, and for processing personal data without a legal basis: the company processed voters' personal data for the purposes of an election campaign, without the express consent of the data subjects, as required by art. 7, II, of the LGPD.

The Santa Catarina State Health Department (SES-SC) was the second public company to receive sanctions from the ANPD. Four warning sanctions were imposed for leaking personal data.

SES-SC infringed art. 49 of the General Personal Data Protection Act (LGPD) by neglecting the security of systems for storing and processing personal data, and by the lack of clarity, inadequacy and timeliness of the notice to data subjects, which was considered an infringement of art. 48 of the LGPD. In addition, the agency failed to submit the Personal Data Protection Impact Report (RIPD) requested by the Authority.

It should be noted that the sanctions imposed on companies are attributed to the lack of proper documents and procedures.

Thus, contractual compliance and the creation of standardized documents, without the implementation of effective practices, are not enough to guarantee compliance with the law and avoid sanctions.

The application of sanctions by the ANPD is an important instrument for the protection of personal data in Brazil. Companies must be vigilant in complying with the legislation to avoid the risk of administrative sanctions.

By: Juliana Bloise

Civil Law | CPDMA Team

Return

Recent posts

STJ recognizes extrajudicial exclusion of partner based on private instrument, without registration with the Board of Trade

In a recent decision, the Third Panel of the Superior Court of Justice (STJ) upheld the extrajudicial exclusion of a partner based on a private instrument signed by all members of the company, even without registration with the Board of Trade.[1]

In the case under review, after the company's formation and registration, the partners signed a document called a "statute," [...]

Read more

STF suspends proceedings on the legality of service provision contracts across the country

The Supreme Federal Court (STF) has decided to suspend, nationwide, all legal proceedings that question the legality of service provision contracts, commonly known as “pejotização”. The decision, issued by Justice Gilmar Mendes, aims to standardize the interpretation on the matter and ensure legal certainty. The STF recognized the general repercussion of the issue when it […]

Read more

CPDMA's role was decisive in the Supreme Federal Court's ruling reaffirming the case law on the use of legal entities in labor relations.

Uma importante decisão proferida recentemente pelo Supremo Tribunal Federal (STF), a partir de atuação da equipe trabalhista Cesar Peres Dulac Müller Advogados, trouxe novamente à tona a relevância da observância aos precedentes vinculantes da Corte em matéria trabalhista, especialmente quanto à licitude de formas alternativas de contratação, como a prestação de serviços por pessoa jurídica — prática […]

Read more

Annual meeting for accounts review

The annual holding of the Ordinary General Meeting (OGM) for the accountability of the administrators is a legal requirement provided for in Law No. 6,404/1976 (Brazilian Corporations Law), specifically in Articles 132 and following. This provision establishes that the OGM must take place within the first four (4) months following the end of the fiscal year, usually by […]

Read more

The Full Bench of the Superior Labor Court rules on new binding precedents

The Full Bench of the Superior Labor Court, in a session held this Monday (24), established legal theses on new topics, as part of a procedure to reaffirm its jurisprudence. These are matters that, as they are already settled, were submitted to the repetitive appeals procedure to define a binding legal thesis. The establishment of qualified precedents has a direct impact […]

Read more
Thomas Dulac Müller discusses third-party liability in bankruptcy at TMA Brasil event in Porto Alegre

On March 18, 2025, at the Hotel Laghetto Stilo Higienópolis, Thomas Dulac Müller, a lawyer and expert in corporate restructuring, participated in the panel "Third-Party Liability in Bankruptcy", sharing his expertise alongside top industry specialists. The discussion provided strategic insights into the legal implications of bankruptcy for third parties involved in insolvency proceedings. […]

Read more
crossmenuchevron-down
en_USEnglish
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram