{"id":10487,"date":"2023-04-02T13:33:29","date_gmt":"2023-04-02T13:33:29","guid":{"rendered":"https:\/\/pryorglobal.com\/?p=10487"},"modified":"2023-04-03T14:29:11","modified_gmt":"2023-04-03T14:29:11","slug":"lgpd-dosimetria-para-aplicacao-de-penalidades-e-inicio-dos-julgamentos","status":"publish","type":"post","link":"https:\/\/www.pryorglobal.com\/en\/lgpd-dosimetria-para-aplicacao-de-penalidades-e-inicio-dos-julgamentos\/","title":{"rendered":"LGPD: Dosimetry For The Application Of Penalties And The Beginning Of Trials"},"content":{"rendered":"
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In 2018, Law No. 13,709\/18, the General Data Protection Law (LGPD) was published, regulating the protection of personal data in Brazil, following an international trend, and inspired by the General Data Protection Regulation (GDPR), a standard that regulates data protection in the European Union (EU). With the sanction of the LGPD, we have taken an important step to protect a precious asset of society, its personal data.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Since September 2020, after the legal vacancy, an adaptation period for companies, the law has been applicable to legal entities of public and private law, protecting the data considered to be of a personal nature, whether in physical or digital media.<\/p>

The full application of the law, however, depended on the regulation that would define the dosimetry of the sanctions established in the LGPD. Without the application of penalties, the legal standard becomes a dead letter.<\/p>

On February 27, 2023, in order to guarantee the application of the law and safeguard the right to the protection of personal data, the National Data Protection Authority (ANDP), the national authority responsible for the supervision and application of penalties related to non-compliance with the law, published the Regulation on Dosimetry and Application of Administrative Penalties (Resolution CD\/ANPD no. 4, of February 24, 2023), establishing the criteria and parameters for the application of administrative sanctions to which companies are subject if they fail to comply with the law, in addition to defining procedures for the calculation of the base value of fines, complying with the determination of article 53 of LGPD.<\/p>

The publication of the regulation is certainly one of the most important milestones since the publication of the LGPD, because the parameters used to impose sanctions by the national authority become clear.<\/p>

One of the aspects analyzed to apply the penalty in case of non-compliance with LGPD is the damage or harm that the company has caused to the data subjects. The regulation aims to ensure balance between the seriousness of the agent\u2019s conduct and the sanction applied.<\/p>