NNB lawyers publish on the IAPP portal article about dosimetry and the application of administrative sanctions
Tuesday, March 14th, 2023
Although the Brazilian General Law for the Protection of Personal Data (LGPD) came into force in September 2020, with the possibility of applying sanctions from August 2021, the National Data Protection Authority (ANPD, in Portuguese) has not yet started the sanctioning activity, what should change soon.
This happens because in order to apply administrative sanctions, the ANPD needed to regulate not only the inspection process and the sanctioning administrative process of the entity, which had already been the subject of Resolution CD/ANPD No. 1/2021, but also the criteria for applying the sanctions and definition of dosimetry.
This last pending regulatory issue was solved with the publication by ANPD, on February 27, 2023, of the Regulation on Dosimetry and Application of Administrative Sanctions.
The norm establishes the parameters and criteria that will guide ANPD in the application of the sanctions provided for in the LGPD to, in addition to providing transparency on its performance, guaranteeing proportionality, considering the seriousness of the conduct and the sanction, as well as the dosimetry for calculating the amount of fines.
Carlos Eduardo Eliziario de Lima, partner at NNB Advogados, and Ana Silvia Silveira Martins, manager at NNB, wrote more about the subject in the article published by the International Association of Privacy Professionals (IAPP).