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Countdown: 9 months until the General Data Protection Law goes into effect

Countdown: 9 months until the General Data Protection Law goes into effect

In this year’s August the countdown for the General Data Protection Law – LGPD going into effect, in August 15, 2020, began. Now, there are less than 9 months left and many companies have not yet entered in action to begin the work LGPD requires.

Although some companies have advanced and began its LGPD compliance program still in 2019 or through 2019, this year has indeed been a milestone in the awareness about LGPD and its effects – including commercial effects. The theme has figured in most companies’ internal discussions and now it’s time for optimizing the efforts for executing a consistent compliance project, before LGPD goes into effect.

The following list contains a few points that must be considered by the companies that are still discussing internally LGPD’s impacts over its activities or that have not yet begun its compliance project:

  1. Before hiring advising, tools etc., the company must look inside and seek to understand its structure and the role personal data play in its daily routine, including internally;
  2. The group, or committee, that will guide the compliance project within the company shall be multidisciplinary, comprising members from different departments of areas of the company;
  3. Compliance with LGPD shall be viewed as a competitive advantage over companies that do not comply with LGPD’s requirements. Because LGPD establishes solidary responsibility between controllers and processors, hence controllers that comply with LGPD will seek processors that also comply;
  4. The execution of the LGPD compliance project has costs, that must be approved internally before the company hires advisory or tools. For the budget to be adequate, the presentation for the board shall show the risks offered by non-compliance with LGPD and the potential benefits of compliance. The 2020 budget and business plan shall consider entering compliance with LGPD.
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