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Per article 41 of the lgpd, all data controllers must appoint a person in charge Given that the lgpd provides for some specific obligations for dpos, organizations should verify that any employee they appoint as dpo can also comply with the requirements of article 41 of the lgpd. However, in january 2022, the anpd issued resolution cd/anpd no
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On july 16, 2024, the national data protection authority (anpd) published regulation cd/anpd 18/2024, which provides that data processors are not required to appoint a dpo, but it shall be considered as good practice by the anpd. Article 41 of the lgpd establishes that data controllers must appoint a data protection officer (dpo), details their main responsibilities, and requires that the dpoโs identity must be made public. โarticle 41 of the lgpd requires organizations that process personal data to appoint a data protection officer (dpo)
It is essential that companies and dpos understand and implement these guidelines to ensure compliance with the general data protection act (lgpd) and new anpd regulation
Anpd has at last published resolution 18, outlining rules on the appointment, duties and activities of a dpo in brazil. 18, brazil aligns more closely with global data protection regimes, but with its own unique requirements For foreign companies, the message is clear The dpo role in brazil is a regulatory obligationโnot just a best practice.
The obligation to designate a dpo has been in place since the enactment of the general data protection law (lgpd) in 2020 The anpd has already levied sanctions on companies who have failed to comply with this obligation. On july 17, 2024, the brazilian data protection authority (anpd) published resolution no 18/2024 (resolution), which regulates the role of personal data protection officers (dpos), created by law no
