The Brazilian General Data Protection Law and its compliance grounds for private companies

Abstract

This article encompasses two current relevant topics: the Brazilian General Data Protection Law (Act 13,709/2018 – LGPD) and matters of compliance. The Brazilian Data Protection Act has established, in some of its provisions, a compliance program that outlines how to handle personal and sensible data which might poses risks to the civil freedom and fundamental rights. It also established measures to hinder or prevent damage. The LGPD regulatory provisions indicate that compliance programs are an appropriate technique to guide the enforcement of privacy protection and fundamental rights of persons, by means of adequate processing of personal data by entities. In this sense, it is necessary to analyze the Act and its application on compliance programs established by private companies.