São Paulo, 06 November 2023 | In force since 2021, imposition of fines for violations of the General Data Protection Law – LGPD have been intensified by the National Data Protection Agency – ANPD. Public bodies and private companies are the targets of inspections and fines` impositions.
What are the fines for non-compliance with LGPD?
- Warning;
- A simple fine of up to 2% (two percent) of the company’s turnover, limited in total to R$ 50,000,000.00 (fifty million reais) per infraction;
- Daily fine, with a total limit of R$50,000,000.00 (fifty million reais);
- Publicizing the infringement;
- Blocking of personal data;
- Deletion of personal data;
- Partial suspension of the operation of the database for a maximum of 6 (six) months, extendable for the same period, until the situation is regularized;
- Suspension of the exercise of the activity of processing personal data for a maximum of 6 (six) months, extendable for the same period;
- A partial or total ban on carrying out activities related to data processing.
The public and private sectors must implement and maintain active and efficient privacy programs. Not only to avoid fines, but also to avoid the reputational damage that comes with privacy violations.
Alliuris‘ Brazilian member Pacheco Neto Sanden Teisseire has a team specialized in this area.
Patrícia Perinazzo C. Medeiros is a lawyer in the intellectual property and data protection area at PNST.
For more information, please contact Brazil – Alliuris.