The Business Front in Defense of LGPD and Legal Security defends the creation of the National Data Protection Authority (ANPD) by the Presidency of the Republic; the speedy vote of MP 959/2020 by the National Congress, extending the entry into force of the LGPD to May 3, 2021; and the introduction of PEC 17/2019 also on the Voting agenda of the Chamber's Plenary. In order for the ANDP to be effectively created, a presidential decree is necessary, establishing the parameters of its structure and the appointment of 5 directors by the Presidency of the Republic to form the ANPD Directive Council. After their nomination, the 5 names must also be approved by the Federal Senate before being effectively installed.
“It is important to remember that the LGPD does not detail how personal data should be treated, but rather determines that the ANPD will be responsible for regulating this treatment. In this sense, the Business Front pleads for the entry into force of the LGPD to occur after the creation of the ANPD, as was predicted in 2018. It would be the same as saying that everyone can have a car, but the body responsible for defining the traffic laws does not was created. Imagine the confusion and damage it would cause. Unfortunately, Brazilian society is about to face this chaos, with regard to one of the most important items of modern society: the treatment and privacy of its society's data ”, explains Rodolfo Fücher, President of ABES.
“Since July 8 of last year, when the law authorizing the creation of the ANPD was sanctioned, we have waited for the Presidency of the Republic to publish the decree establishing the Authority. It is necessary to move forward. Brazilian society can no longer proceed without a definition, the absence of which will cause insecurity, increase the cost of Brazil and harm competitiveness on the international stage. It is also necessary for the Congress to proceed quickly in the voting of both MP 959, which loses effectiveness on August 26, and PEC 17 to guarantee the protection of privacy with legal certainty ”, explains Andriei Gutierrez, Coordinator of the Regulatory Committee of ABES.
José César da Costa, president of the National Confederation of Shopkeepers (CNDL), an entity that also makes up the Business Front, highlights the scenario of legal uncertainty that will be created without the extension of the LGPD: “It is essential that the law is complemented by the creation and entry into operation of the ANPD, which will be essential to guide the adequacy process and promote good practices in the treatment of personal data ”, says Costa. The president of the CNDL also recalls that the extension of the LGPD is important for companies and citizens to adapt to the new guidelines of the legislation. “Companies are still reorganizing themselves in this moment of crisis caused by the Covid-19 pandemic, readjusting themselves and prioritizing the maintenance of jobs and self-preservation. Adapting to the new legislation requires specifically targeted human and financial resources, in addition to clear guidance from the future ANPD. The extension is essential for the LGPD to be effective ”, says Costa.
Another fundamental pillar for the realization of the normative framework for the protection of personal data and for legal security is the Constitutional Amendment Proposal No. 17 of 2019. PEC elevates protection of personal data to a constitutional right and guarantee and establishes the private competence of the Union to legislate on the topic, as well as establishes that the ANPD must be an independent entity, part of the indirect federal public administration and submitted to a special municipal regime. The entry into force of the LGPD without the approval of PEC n.17, will keep the dispute over competence fierce, allowing States and Municipalities to create laws to regulate and apply sanctions on the processing of personal data, including with the creation of Municipal Authorities and States, further increasing the current legal insecurity scenario.
To access the open letter and check all the institutions that support the movement, click on here .
Diagnosis LGPD ABES
ABES and EY created the online LGPD Diagnostic tool for companies to verify their suitability in relation to Data Protection Legislation. The solution consists of a confidential questionnaire through which companies can self-assess the different points required by law. After filling in, the tool offers a diagnosis as to the degree of adequacy of the company with suggestions contextualized to the result.
To use the tool, it is neither necessary nor possible to send personal or company information, such as name, CPF / CNPJ, among others. After completing the questionnaire, the PDF report is available for download with information regarding the level of suitability and suggestions for improvement - it is not possible to access this document later. The data, sent anonymously, generates the LGPD ABES Index on the compliance scenario of Brazilian companies in relation to the new law.
Since the launch of the tool, more than 1,200 diagnoses have been made, to make the diagnosis, click on here . The tool is free and available to all companies, whether they are ABES members or not.
About ABES
ABES, Brazilian Association of Software Companies, aims to contribute to the construction of a more digital and less unequal Brazil, in which information technology plays a fundamental role in the democratization of knowledge and the creation of new opportunities for all. In this sense, it aims to ensure a business environment conducive to innovation, ethical, dynamic and globally competitive, always aligned with its mission of connecting, guiding, protecting and developing the Brazilian information technology market.
Since its foundation in September 1986, ABES has sought to be relevant to its associates and a national and international reference in the technology sector. Currently, the entity represents approximately 2 thousand companies, which total about 85% of the revenue of the software and services segment in Brazil, distributed in 22 Brazilian states and the Federal District, responsible for the generation of more than 208 thousand direct jobs and an annual revenue around 63.7 billion in 2019.
Access the ABES Portal – http://www.abes.org.br or contact the Relationship Center: +55 (11) 2161-2833.
ABES - Press contacts:
Weber Shandwick Brasil - abes@webershandwick.com
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