ANPD opens public consultation to regulate the activities of the Data Protection Officer (DPO)

Friday, 12 de january de 2024

On November 7th, ANPD opened a public consultation on the regulation of the Data Protection Officer (DPO).

The Brazilian Data Protection Authority ("ANPD") opened a public consultation, on November 7th, on the regulation of the Data Protection Officer, aiming at supporting the drafting of a regulation that addresses the role of the DPO. 

The LGPD (Section 5, item VIII of Law No. 13,709/18) defines the DPO, as an individual or legal Entity appointed by the controller or the processor to act as a communication channel between the controller, the data subjects and the ANPD.
 

The main proposals outlined in the draft regulation are:

• The mandatory appointment of DPO in a prominent and easily accessible location at the organization’s website;
   
• The DPO may be an external agent to the organization, acting through a service agreement, in line with the provisions of the Paragraph 71 of the Guidance for Definitions of Personal Data Processing Agents and DPOs,
   
• The DPO must have technical autonomy and access to the organization’s senior management;
   
• The definition of the term “conflict of interest” and the cases in which the person in charge must be replaced when this possibility occurs; and
   
• List of activities that must be carried out by the DPO.
   

The contributions to the public consultation could be made by any interested party, including associations, representative class entities, or civil society organizations, through the Plataforma Mais Brasil, until 7 December 2023.

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