Highlights from the TMT and Privacy & Data Protection area

5G auction: cash auction

Last week, the Federal Audit Court (TCU), in a telepresence plenary session, deliberated on the draft notice for the 5G auction, presenting recommendations, determinations and some points for other entities to be aware of, through a ruling conclusive.

Although there is a diversity of points addressed, the highlights are questions about the methodology for calculating the price and quantity of ERBs, guarantees for the execution of investment commitments, the contribution and management of values by the EAF, recommendations on network sharing, roaming and secondary use of spectrum, as well as reversing the order of service for municipalities and including a commitment to connect schools to the 26 Ghz band.

Now, the documentation returns to ANATEL and a new deliberation will be taken by the Board of Directors regarding some of the questions raised. Once this phase has been resolved, a 30-day period will be opened for questions from interested parties.

The auction is expected to take place between October and November.

ANPD: open public consultation and registration for the public hearing on the draft resolution on the application of the LGPD for micro and small businesses

Published the Public Consultation of the National Data Protection Agency (ANPD) on minute of Resolution that promotes the regulation of the General Data Law (Law No. 13,709/2018) for so-called “Small Processing Agents”. The ANPD's objective is to incorporate regulatory asymmetries into the privacy and personal data protection environment, allowing flexibility and some exemptions in complying with LGPD obligations and deadlines for both micro and small businesses, as well as startups and non-profit legal entities.

In addition to the consultation, the ANPD will hold a public hearing, on September 14th and 15th, 2021, to discuss the aforementioned draft.

Such actions aim to encourage the adhesion of these companies to the LGPD through simpler and more differentiated procedures, without prejudice to the protection of holders' rights.

Those interested in participating in the public consultation must submit their proposals exclusively through the platform Participate + Brazil until the day September 29, 2021, while those who wish to make their oral statements at the public hearing must register in advance by 6pm on September 9, 2021, by this link.

SUSEP publishes Circular on cybersecurity rules

SUSEP Circular No. 638/2021

The Private Insurance Superintendency (SUSEP) published on August 3, 2021 Circular No. 638 which provides for the cyber security requirements to be observed by insurance companies, open supplementary pension entities (EAPCs), capitalization companies and local reinsurers. The subject had already been the subject of discussion through

, which aimed to promote the adaptation of entities regulated by the body in the face of the General Data Protection Law (LGPD) and also consumer legislation.

We highlight some relevant points for the establishment of general guidelines for the promotion of the Cybersecurity Policy, such as: i) adoption of specific treatments and controls for cyber risks, ii) adoption of good national and international cyber security practices and iii) promotion of actions aimed at disseminating the cyber security culture, including a continuous training program for employees, based on the sensitivity of the information they handle.

ME opens subsidies to collect information and suggestions about possible changes in taxation in the telecommunications sector

Subsidy Grant No. 01/2021/SDI/SEPEC/ME

On August 26, 2021, the Ministry of Economy, in a partnership with the National Telecommunications Agency (ANATEL) and the United Nations Development Program (UNDP), opened the granting of subsidies to seek contributions from sector agents on the current tax burden and the changes necessary to promote the expansion of connectivity.

Questions can be answered by interested parties until October 1, 2021 through this link.