Digital Regulations in the Metaverse Era: Metaverse Guide
Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously made by humans, such as those related to hiring and dismissing employees
Brazilian Data Protection Authority (ANPD) issues new international data transfer regulation
The International Data Transfer Regulation, published in August 2024 by the Brazilian Data Protection Authority (ANPD), has brought significant changes to companies that transfer personal data abroad. The new regulation outlines several mechanisms to authorize cross-border data transfers under the Brazilian Data Protection Law (LGPD), including adequacy decisions, standard contractual clauses, among others. The ANPD […]
Processing of personal data for public security purposes
The processing of personal data for public security purposes triggers the application of various provisions outlined in the Brazilian Data Protection Law (“LGPD”). Analogous to the European General Data Protection Regulation (“GDPR”), the LGPD excludes the processing of personal data for specific purposes, wherein public interest is pronounced, from its purview. These include national defense, […]
Controllers’ liability in cases of personal data breaches
The Superior Court of Justice (“STJ”, together with the Supreme Court, the two highest Brazilian courts) issued a decision last March restricting the controllers’ liability related to personal data breaches. A claim seeking compensation for moral damages was filed by a consumer against a Brazilian power utility company due to a leakage of personal data, […]
Choosing consent as a standard legal ground for processing personal data can be misleading
As from August 2020, every company processing data in the Brazilian territory or offering goods or services to individuals in Brazil, must comply with the recently enacted General Data Protection Law (LGPD). Unlike the European Union, where a regulation on data privacy – Directive 95/94/EC – was in force even before the General Data Protection […]
Internal Investigations and the New Brazilian General Data Protection Law
As a result of the widespread investigation and sanctioning of corruption practices over the past few years, companies doing business in Brazil have increasingly adopted rigorous compliance policies. Some aspects of Brazil’s recently approved General Data Protection Law (LGPD) are believed to hinder internal investigations that are typically part of such compliance initiatives. This article discusses why […]
The Brazilian Data Protection Legal Framework
Introduction On August 14, 2018, Law No. 13,709 (LGPD – Lei Geral de Proteção de Dados) was enacted, creating a personal data protection legal framework in Brazil. The LGPD is influenced by the EU General Data Protection Regulation (GDPR); individuals, private entities and public authorities are affected by its provisions. Brazil now integrates a group […]
Personal Data Protection Regulation in Brazil: Potential Conflict Between Laws
A new version of the Draft Bill for the Protection of Personal Data (DBPPD) has been made available for public consultation, with a final deadline for contributions by April 30th, 2015. The text is based on a first version dated 2011, which was enriched with some contributions made at that time. During these four years […]