Among other matters, Ms. De La Cerda explained that penalties to the infringers of LGPD must start being applied by the end of this year, including fines, which should be enforced as a last resort, after the application of some prior sanctions, such as warnings and Conduct Adjustment Agreements.

According to Ms. De La Cerda, the first paragraph of Art. 52, of Law No. 13.709/18, will be the basis for calculating fines, and “the severity of the penalty will take into account good faith, whether the company has adopted measures to mitigate damage, the recurrence, the exposure of sensitive data and will be applied in accordance with the company’s revenue”.

Partner also pointed out that sensitive data does not refer to the credit card number, for example, but to data such as race, ethnicity, gender, and health, which have discriminatory potential.

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