Dosimetry And Administrative Sanctions Regulation Published By The ANPD

On February 27, 2023, the Brazilian Data Protection Authority ("ANPD") published the Resolution CD/ANPD No. 4, presenting the long-awaited Dosimetry and Administrative Sanctions Regulation, in addition to submitting amendments to the Inspection Process and Sanctioning Administrative Procedure Regulation.

The regulation addresses the application of the provisions of Articles 52 and 53 of Federal Law No. 13709/18 ("the Brazilian Data Protection Law" or "LGPD"), which establishes administrative sanctions that the ANPD may impose after the inspection and sanctioning process due to non-compliance with the LGPD.

Its objective is to define the criteria and parameters to be considered by the ANPD for the application and dosimetry of sanctions, guaranteeing the right to due process and contradictory to the supervised processing agents. With its immediate validity, the ANPD may apply the sanctions provided by the law that lacked the regulation for its application.