LGPD Application For Small Businesses Enters Public Consultation At ANPD

• Published date: 14 September 2021
• Subject Matter: Privacy, Data Protection, Privacy Protection
• Law Firm: Koury Lopes Advogados
• Author: Ms Tania Liberman, Vanessa Pirró and Ana Carolina Cesar

After gathering contributions on the regulation of the application of Federal Law No. 13,709/18, known as the Brazilian General Data Protection Law ("LGPD"), for micro-enterprises, small businesses, startups, innovation companies that process personal data with economic purposes and for non-profit legal entities (such as associations, foundations, religious organizations and political parties) which took place between February and March this year, marking the beginning of the National Data Protection Authority ("ANPD") dialogue with civil society, ANPD, proceeding with the regulation of the matter, formally started, on August 30, 2021 the Public Consultation on the draft resolution that disposes about the application of the Law for small data processing agents.

Contributions from the society can be sent until September 29, 2021 and must be made through the Participa+Brasil platform. In addition, a virtual Public Hearing was scheduled for the presentation of proposals and suggestions, on September 14 and 15, 2021. Those interested in holding oral presentations at the hearing must register beforehand by September 9th.

The resolution draft made available by ANPD adopted the criteria of size of the processing agent and the risk that the data processing may cause to the data subject to facilitate the application of the LGPD to the sector, through flexibility and waiver of certain obligations provided for by law.

Among the flexibility provided for in...