Este site utiliza cookies

Dados necessários para melhorar nosso serviço e personalizar a sua experiência.

  • Home
  • Blog
  • See the nine sanctions for those who violate the General Data Protection Law

Estadão reported that the National Data Protection Authority published this Monday (27/2) the regulation with dosimetry and application of administrative sanctions in case of non-compliance with the General Data Protection Law (LGPD). Dr. Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados, was interviewed to comment on the matter.

Warning, fine, blocking: see the nine sanctions for those who violate the General Data Protection Law

February 27, 2023

Director Council of the National Data Protection Authority, an entity of the Ministry of Justice, published this Monday, 27th, dosimetry regulations and punishments for violators of the LGPD; read the full

By Pepita Ortega

Photo: Tânia Rêgo/Agência Brasil

The Board of Directors of the National Data Protection Authority published this Monday, 27th, the dosimetry regulation and application of administrative sanctions in cases of non-compliance with the General Data Protection Law. The text establishes criteria for imposing measures that range from warnings to the prohibition of activities linked to data processing, in addition to forms and dosimetries for calculating the base value of fines to be applied to potential offenders.

Document:

READ THE SANCTIONS REGULATIONS OF THE ANPD

According to the document, there are nine types of administrative sanctions to be applied to potential LGPD violators: warning; simple fine; daily fine; publicizing the infraction; blocking of personal data to which the infringement refers, until its regularization; deletion of personal data to which the infringement relates; partial suspension of the operation of the database to which the infraction refers; suspension of the exercise of the personal data processing activity to which the infringement refers; and partial or total prohibition of carrying out activities related to data processing.

The regulation provides that such sanctions will be applied after an administrative procedure ‘through a reasoned decision by the ANPD, ensuring the right to full defense, contradictory proceedings and due legal process’. Still according to the text, the measures can be applied gradually, isolated or cumulatively.

Sanctions are defined according to a series of parameters and criteria, which include, for example, the severity and nature of the infractions, the economic condition of the offender, the degree of damage, the cooperation of the offender, the prompt adoption of corrective measures, among others.

Regarding the classification of infractions, according to the severity and nature of the infractions and the personal rights affected, three are identified: light, medium or serious. Furthermore, the regulation establishes cases of aggravating circumstances for the application of fines to possible offenders, such as repeat offenses and failure to comply with corrective measures.

Lawyer Luis Fernando Prado explains that regulation was what was needed for the National Data Protection Authority to begin applying the sanctions provided for in the LGPD. However, for him, points raised in public consultation did not lead to changes to the text – “There was scope for this Regulation to bring more legal certainty than it actually did”, he says.

For lawyer Antonielle Freitas, Data Protection Officer, the document allows ‘the ANPD to evolve in repressive activity, respecting due legal and contradictory process, in order to provide legal security and transparency for everyone involved’.

“Measures such as these take Brazil a step forward in building a culture of privacy, which brings several benefits, including economic ones. It is worth remembering that to date, Brazil is not listed as a country with an adequate level of protection from the perspective of the European Commission, which represents obstacles to international operations with EU member countries,” he pondered.

Lawyer Matheus Puppe says that the establishment of administrative sanctions, without prejudice to legal remedies, is ‘essential to corroborate the authority and application of the LGPD’. “The resurgence of the law in Brazil is imperative for compliance by companies, and without sanctions, unfortunately, many do not take the importance of the law seriously”, he highlights.

The lawyer Willian de Souza Campos da Silva highlights that the Dosimetry Regulation comes into effect immediately. For him, the publication of the document reinforces the ANPD's supervisory activities. “From now on, it is recommended that companies focus even more efforts on adapting their practices to the LGPD, as the possible financial, operational and reputational impacts arising from a violation of privacy and protection of personal data have become even more concrete”, he indicates.

https://www.estadao.com.br/politica/blog-do-fausto-macedo/sancoes-lei-geral-protecao-dados-anpd/

See other related news stories



Smaller ISS increases legal security for bank discounts
Press

Smaller ISS increases legal security for bank discounts

July 6, 2026

ICMS on what was not charged: the mistake of treating loyalty as a condition
Articles

ICMS on what was not charged: the mistake of treating loyalty as a condition

June 9, 2026

Reform threatens to raise water bills
Press

Reform threatens to raise water bills

June 1, 2026

Tax benefits for agriculture in the Tax Reform are validated by the STF
Press

Tax benefits for agriculture in the Tax Reform are validated by the STF

May 14, 2026

Averages should not ignore the Contumacious Debtor Law, experts say
Press

Averages should not ignore the Contumacious Debtor Law, experts say

May 11, 2026

Media should not ignore the Contumacious Debtor Law, experts say Risks are greater for companies that fail to comply with balance sheet obligations and are unaware of the situation of related parties By Suzana Liskauskas, Para o Valor — Rio de Janeiro Instituted...

Office with Minas Gerais DNA celebrates 10 years of national operations
Press

Office with Minas Gerais DNA celebrates 10 years of national operations

March 30, 2026

Contato

Fale conosco


Preencha o formulário para falar com nossa equipe ou ligue, agora mesmo, para o escritório mais próximo!

Cidades

Rio de janeiro

Rio de janeiro

Av. Presidente Wilson, 231, 25° andar, Centro

(21) 2222-9008
São Paulo

São Paulo

Rua Professor Atílio de Innocenti, 165, 13º andar, Itaim Bibi

(11) 3062-2607
Brasília

Brasília

SHIS QL 08, Conjunto 01, Casa 11, Lago Sul

(61) 3224-2627
Belo Horizonte

Belo Horizonte

Av. Getúlio Vargas, 671, 13º andar, Funcionários

(31) 3190-0480