Supervision for compliance with the LGPD (General Data Protection Law) became stricter from this week. This Monday, 27 February, a ANPD (National Data Protection Authority) published in the Official Gazette of the Union (DOU) the Dosimetry Regulation and Application of Administrative Sanctions.
The dosimetry regulation establishes parameters and criteria for fines that will be applied to companies or criminals that fail to comply with the LGPD. Like this, ANPD is authorized to apply penalties to those who violate the law. Until then, the entity was only responsible for overseeing how personal data was used by organizations.
Amounts to be paid
Nonetheless, Now infractions have a basis for calculating penalties. Fines for non-compliance with the LGPD will be classified as light, mids and bass. Categories define, therefore, the percentage to be paid for the infraction.
The fines, nonetheless, will be applied per day with a maximum accumulated limit of R$ 50 million for each infraction committed. Prices may vary depending on:
- Minor infractions: 0,08% of billing
- Average infractions: 0,13% a 0,05% of billing
- Serious infractions: 0,45% a 1,5% of billing
The changes to the regulation aim to increase legal certainty during the law enforcement process and make fines fair through clearer requirements. The money raised from the charges will be donated to the Fund for the Defense of Diffuse Rights, which recovers various damages arising from infractions of economic orders.
Charging criteria and freedom to fine
Dosimetry is a method that guides the choices of administrative sanctions to be applied in each case of violation of the law. Like this, allows arriving at the ideal calculation for the offender according to the damages and losses committed.
Therefore, recent dosimetry proposed regulating articles 52 e 53 of the LGPD to redefine the pricing criteria for sanctions applied. The changes served as the basis for calculating fines.. Furthermore, the publication changed the articles 32, 55 e 62 of resolution no. 1 to give the ANPD more representative conditions in the supervision and application of penalties.
Active participation of society
The changes to the LGPD included social participation. In public consultations held between August and September 2022, the municipality received 2,5 contributions from society. A public hearing was also held to address the matter.
The final version of the draft was presented by the General Standardization Coordination and distributed among ANPD directors by draw., on the day 25 January. Now, on Friday, 17, the process was sent to the last unanimous vote and signed by president Waldemar Gonçalves.
