ANPD applies the first administrative sanction due to LGPD’s infraction

Thursday, July 13th, 2023

On 6th July, 2023, the Brazilian Official Gazette (DOU) published the first administrative sanction for violation of Law no. 13.709/2018 (the Brazilian General Data Protection Law – LGPD) and other regulations issued by the National Data Protection Authority (ANPD).

The sanction, applied by the ANPD’s General Coordination of Inspection (Coordenação Geral de Fiscalização) was imposed against a small company (a micro-enterprise in the telemarketing sector) – this demonstrates to the Brazilian market that adherence to the LGPD by small and medium-sized companies is also being observed by the ANPD.

According to the publication, it is noted that the infringing company committed three main infractions:

Failure to appoint a Data Protection Officer (art. 41, LGPD);
Non-indication of legal bases for the processing of personal data (art. 7, LGPD); and
Non-cooperation with the ANPD’s inspection process (art. 5, Inspection Regulation).

The non-compliance with the first item resulted in a warning, while the failure to indicate the legal bases for the processing of personal data and the non-cooperation in the inspection process resulted in the application of a simple fine, in the amount of BRL 7,200 per infraction.

The amounts of the fines applied considered the metrics established by Regulation No. 4 of the ANPD (Dosimetry and Application of Sanctions), such as the classification of the infraction, the billing of the offender and the degree of risks or damages caused to the data subjects.

The infringing company has the right to appeal the decision within 10 business days, counted from the publication in the DOU. If the company chooses not to appeal, it may benefit from a 25% reduction in the total amount of fines applied.

NNB Advogados has a specialized team in privacy and data protection, qualified to assist companies in advisory and litigious demands. To learn more about how we can assist you, please contact us.