The Brazilian Data Protection Authority, known locally as ANPD – Autoridade Nacional de Protecção de Dados, has issued the first assessment to a Brazilian company for non-compliance with the Brazilian General Data Protection Rules – LGPD.

The authority’s decision, issued on July 6th, foresees a penalty and a warning aimed to a specific contact center company, for violating the rules of processing personal data as set forth by the LGPD. The company also failed on appointing a Data Protection Officer – DPO, which leaded the Authorities to proceed with a second penalty assessment.

Authorities took into account the severity of the violation and the company’s prior year gross revenue to determine the maximum penalty amount.

The company has now the option to file an appeal or proceed to the payment with a 25% discount, declining its right to appeal. However, in case of failure to collect the penalty or missing the deadline to file the appeal, the company will be blacklisted in the Federal Government, which could lead to a collection enforcement lawsuit.

Currently, several other companies are under challenge for potential penalties due to LGPD non-compliance. Furthermore, as data protection awareness continues to grow, ANPD has been receiving an increasing number of claims regarding LGPD’s violation.

If the lack of inspections was one of the reasons why companies in Brazil did not prioritize LGPD compliant projects, right now, this is not an excuse for it any longer.

In fact, several companies still have not implemented proper internal processes, leaving their businesses vulnerable from both systemic and organizational perspective. Therefore, this case demonstrates that regardless of a business’s size, it is imperative to focus on this matter and prioritize data protection.

Emerenciano, Baggio & Associados – Advogados have been working extensively within its clients in adopting measures to adapt their activities to the legislation, as well as supporting privacy management and personal data protection activities in organizations through specialized professionals, tailored to the segment and size of the companies.

This content is merely informative and does not consist of any type of consultancy, recommendation or technical and/or legal guidance for concrete cases regarding the topics addressed here.