National Data Protection Authority (ANPD) publishes regulation on dosimetry and application of administrative sanctions

Tuesday, March 14th, 2023

On February 27th, 2023, the Brazilian National Data Protection Authority (ANPD), following its regulatory agenda, published the Regulation on Dosimetry and Application of Administrative Sanctions, whose aims to establish parameters and criteria for the application of administrative sanctions and to the dosimetry for calculating the base value of penalties.

Once this regulation has come into force on the date of its publication, the ANPD may already apply the administrative sanctions provided in the General Data Protection Law (LGPD).

The regulation classifies infractions as mild, moderate, and severe, and is divided into sections for each of the categories of infraction provided for in the LGPD. After all, the sanctions are not limited to pecuniary fines but also include actions such as publicizing the infraction, blocking and deleting the infringer's data, among other obligations.

It is important to note that the regulation defines some parameters and criteria that should be observed by the Authority regarding the application of sanctions, including the good faith and cooperation of the infringer, the adoption of good governance practices, the prompt adoption of corrective measures, among others. In the simple fines section, for example, some of these criteria are considered important mitigating factors, which can reduce a fine by up to 50% of its value.

Therefore, it is essential for companies  to have a solid and structured privacy and data protection governance program to comply with the legislation, be accountable, as well as mitigate potential sanctions, financial risks and exposure of companies.

The fact that infractions are not limited only to violations of the LGPD, but also include the ANPD's own guidelines, impose the need to observe the guidelines, regulations, and other materials published by ANPD itself.

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