Published on International Data Protection Day, Resolution CD/ANPD No. 2 regulates the application of the LGPD for small agents. In addition to the authority’s happy decision to amend the draft put up for public consultation to exclude political parties from the classification targeted by the regulation, especially in this election year or in the face of the negative impacts that would be brought to incumbents, the rule achieves the objective of facilitating the operation of small agents, provided for in the LGPD text itself. That is, while the regulation had not been published, small agents were subject to the same obligations applicable to other companies, making it difficult and even discouraging them from seeking compliance with the law.
However, the implementation of the rule brought by the resolution requires caution, as in addition to not ruling out the application of the LGPD for the target audience, it establishes the framework based on several criteria. Among them are billing, ownership interest, the type and volume of data subjects and personal data used, in addition to the type of use, the application of innovative technologies and automated decisions, the use of sensitive data, of minors and the elderly. In practice, the framework for the differential treatment provided for in the regulation greatly limits its applicability, and can cause confusion on the part of several companies who saw the publication as a relief from the pain of implementing the LGPD compliance program.
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Author: partner Márcio Chaves