MODULE CONTENT
This module explores the legal obligations imposed by the GDPR on companies, organizations and public institutions when managing personal data. It highlights key concepts such as "Privacy by Design", the importance of the DPO (Data Protection Officer), keeping data processing registers, as well as companies' responsibility for compliance and data security. Finally, it covers the rules governing the communication of data breaches and the protection of international data transfers.
LEARNING OBJECTIVES
The legal obligations of the LGPD
The LGPD (Lei Geral de Proteção de Dados) imposes a strict framework on companies and organizations to ensure rigorous management of personal data in Brazil. These obligations apply to companies that collect, process or store personal data, whether of a public or private nature.
Among the main requirements is the concept of "Privacy by Design", which stipulates that data protection must be integrated right from the design stage of any project. This means that every stage of data processing, from collection to archiving, must take into account the principles of security and transparency. Organizations must therefore define what data is needed, for what purpose, and ensure that user information is processed in full compliance.
The role of the Data Protection Officer (DPO) is essential. This compliance officer ensures compliance with the rules imposed by the GDPR and acts as a point of contact with the National Data Protection Authority (NDPA). The DPO is responsible for raising awareness, training and advising employees while conducting audits and risk assessments.
Another important aspect is keeping a register of processed data. Companies must document precisely the purposes for which data is processed, the recipients of the data, the retention periods, and the security measures put in place to protect sensitive information.
In the event of a data breach, the LGPD requires the company to promptly inform the ANPD as well as the individuals concerned. This notification must be made within a reasonable timeframe, generally recommended within two working days, and include information on the potential risks or damage to individuals.
The LGPD also imposes strict conditions on the transfer of data outside Brazil. Personal data may only be transferred to countries or organizations providing an equivalent level of protection, or subject to appropriate contractual guarantees.
Finally, one of the fundamental principles of the LGPD is the accountability of companies. They must be able to prove at all times that they comply with legal requirements through clear documentation and internal compliance processes, on pain of severe financial penalties.
