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The impact of LGPD administrative sanctions
The ANPD's stance tends to be more didactic and educational at first, prioritizing, at most, the application of the warning sanction, in order to contribute to awareness about privacy and data protection issues.
The changes provided for by PL 10.920/18 due to Brazil's entry into the international trademark registration system
Get to know the main suggested changes and the relevance of the project in the field of intellectual property in the country
Legitimate interest as a basis for the processing of personal data
As it is a business decision, analysis of the justification for the processing of personal data according to the scenarios provided for in Article 7 of the LGPD should involve the IT area and people who have decision-making power at the company.
Breach of data confidentiality in foreign providers and the constitutional status of the protection of personal data
Using Article 11 of the Civil Rights Framework for the Internet in Brazil to breach data confidentiality, the Supreme Court misinterprets the purpose of the provision, which is to protect personal data, weakening the warranties of fundamental rights.
The ANPD’s Regulatory Agenda (2021-2022)
With the National Data Protection Authority's priority issues now defined, processing agents can better formulate their compliance strategy for the next two years. Please see our review of the 10 topics on the agenda.
Subjective liability in the LGPD
Companies can demonstrate in court the measures effectively taken to comply with the data protection law and regulations in order to protect themselves against liability.
LGPD and the first movements of the public sector
Compliance initiatives in the public sector are still sluggish, and it is unclear whether courts and administrative bodies have fully understood the new legal framework brought about by the LGPD.
LGPD will enter into force within the next few days. Executive issues decree with regulatory structure of the ANPD
The new legislation takes effect as soon as the Brazilian President, Jair Bolsonaro, signs Executive Order 959.
Fake News Law and content moderation
Analisamos neste artigo algumas das obrigações impostas pelo PL das Fake News aos provedores de aplicações e seus possíveis efeitos, como a ampliação de sua responsabilidade civil e os riscos à liberdade de expressão e informação e ao direito à privacidade dos usuários.
Schrems II Case - Impacts on the international transfer of personal data
The decision will have a significant impact on the global market and makes it even more urgent for Brazil to put into force the General Data Protection Law (LGPD) and create the Brazilian Data Protection Authority (ANPD).
Privacy and data protection: a prospective analysis of the topic
The decision of the Brazilian Supreme Court recognizing the constitutional nature of the protection of personal data and the right to informational self-determination is an unquestionable advance on the subject in Brazil. In this article, we analyze the impacts of the decision as well as of other recent facts related to data privcacy for the public and private sectors.
Executive Order postpones the General Data Protection Law to May of 2021
The Brazilian government has included postponement in an Executive Order that addresses emergency benefits related to the covid-19 pandemic. The text now goes to Congress for consideration, which can still change deadlines.