ILN Data Privacy Paper

Brazil

Conclusion

deletion of the personal data to which the infringement relates; (vii) partial suspension of the operation of the database to which the infringement relates for a maximum period of six (6) months, extendable for the same period, until the controller regularizes the personal data processing activity; (viii) suspension of the personal data processing activity to which the infringement relates for a maximum period of six (6) months, extendable for an equal period; and (ix) partial or total prohibition of the exercise of activities related to personal data processing. The LGPD ensures that the application of these sanctions considers a variety of factors, such as the severity and nature of the breaches; good faith of the breaching party; economic condition of the breaching party; extent of the damage; and cooperation of the breaching party with the authorities.

Brazil has taken significant steps in data protection regulation with the enforcement of the LGPD in recent years. This landmark legislation serves as a cornerstone for protecting personal data, ensuring compliance with key principles, and aligning Brazil with international privacy and data protection standards. The ANPD plays a crucial role in this landscape, actively enforcing the LGPD's requirements for data controllers and processors. This collaborative effort between the legislative framework and the ANPD marks a major advance in Brazil's approach to data protection. This positions the country as a player in the global dialogue on data protection standards.

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