The General Data Protection Law (LGPD) has been in force since 2019, with punishments applied since August 2021, but some companies have not yet fully adapted to the rules to preserve the privacy of their consumers’ data. With changes underway this year, in both enforcement and technology, compliance becomes even more urgent.
On the one hand, there is the consolidation of guidelines, and now the possibility for the National Data Protection Authority (ANPD) to apply retroactive fines for incidents that occurred from August 2021. On the other hand, we have the advancement of 5G Internet – the companies that want to invest in this market will also have to adapt their data protection to this system.
In the case of small companies, which face greater difficulties in adapting to the law due to a lack of qualified personnel and training, there is good news: from Resolution CD/ANPD nº 2/2022, micro-enterprises can adopt simpler procedures to follow the law and have a longer period to respond to requests from data subjects in information security incidents.
However, training the team to follow the guidelines of the LGPD, regardless of the size of the company, is urgent and fundamental. Who handles this information are the employees, they also have to adhere to the law. Both the controller, who by law is the owner of the business or the data, and the processor – often a third person or company, as in the case of digital marketing consultancies, must be on hand to clarify any consumer requests. Therefore, WSI Brasil does not limit itself to informing its direct employees, but also developed a LGPD manual for franchised consultants, in addition to helping clients to adhere to the rules.
For the company to remain aligned with the LGPD, it is important that the contracted suppliers are also up-to-date, especially those that offer technology-related services, such as digital marketing solutions, as is the case with WSI Master Brasil. When a client provides information, we guide our employees, we create an education policy on the law for them to adhere to, especially when new employees join the company.
As the law is very broad and can also involve different sectors, such as Human Resources, operations and sales, if there is still difficulty in adapting, it is advisable to consult a specialized lawyer, who will be able to indicate the necessary changes for the company to take precautions.
by Caio Cunha
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