On February 24, 2023, the National Data Protection Authority (ANPD) published Resolution CD/ANPD No. 4/2023, which approves the Regulation on Dosimetry and Application of Administrative Sanctions (RDASA).
The RDASA clarifies that sanctions will be applied after administrative proceedings, through a decision by the ANPD. The level of sanctions penalties applied to a particular [person][entity] will be subject to increasing levels of severity which can be applied either separately or cumulatively, depending on the facts of the particular case. These penalties can range from warnings to fines, and can even include the partial or total prohibition of data processing-related activities.
Violations are classified based on the severity and nature of the violation, as well as the personal rights violated. In other words, violations will be divided into three (3) categories: (1) minor, (2) medium, and (3) serious, which determine the levels of penalties that could be applied in connection with a particular violation.
Finally, the RDASA outlines the methodology for calculating the amount of fines to be imposed in the event of a violation, as well as the minimum fines for individuals and companies.
Our Privacy and Cybersecurity team is available to assist our clients to navigate the complexities of the LGPD, ensuring that they protect their client's personal data and remain compliant with the law. With our expert guidance, you can have peace of mind knowing that your data privacy policies and procedures are up-to-date and effective.
*Hogan Lovells is registered and licensed as a foreign legal consultancy with the Brazilian Bar Association. In accordance with Brazilian Bar Association rules, Hogan Lovells does not practice Brazilian law and the discussion above regarding Brazilian laws, rules and/or regulations has been obtained from publicly-available sources and is for informational purposes only. The discussion above is limited by the nature of our practice in Brazil and is solely derived from publicly-available information. The information contained herein not to be construed as legal advice or otherwise be a substitute for advice provided by practitioners licensed to practice Brazilian law.
Authored by Isabel Costa Carvalho, David Tyler, and Julio Alves.