The right to the protection of personal data is elevated to a fundamental clause: what changes for your company?

Camila Vieira Guimarães
Lawyer at Marcos Martins Advogados

As has been reported in the media in recent weeks, the protection of personal data has been included in the list of fundamental rights and guarantees in the Federal Constitution, thus gaining the status of a permanent clause. But what impact does this have on your company?

According to statistics from Surfshark[1], Brazil is among the countries most involved in personal data leaks in the world, but with a significant improvement after the advent of the General Data Protection Law – LGPD (Law No. 13,709 of 2018), which has become a milestone for the protection of data subjects’ rights in our country.

Following the enactment of the law, a deadline was given for compliance with the new regulations and, since August 1, 2021, any non-compliance with the LGPD is subject to penalties, which can even reach up to 2% (two percent) of the company’s annual turnover or even a partial or total ban on activities related to data processing.

Given the increased importance of this issue, the adaptation of individuals and companies that process personal data has become indispensable, both from a legal and commercial point of view, given the demands of customers and suppliers in the context of their commercial transactions.

Those who have not yet adapted to the LGPD should map the data that can be processed within their business and set up the appropriate security policies and action plans in line with the precepts proposed by the LGPD.

Marcos Martins Advogados has a specialized team to assist companies in the process of adapting to the LGPD. If you have any questions, our team of experts is at your disposal.

Download our free e-book Lei Geral Proteção de Dados – O Impacto no cotidiano dos cidadãos e empresas.

[1] https://surfshark.com/blog/data-breach-statistics-by-country-in-2021

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