On October 28, 2021, the Regulation of the Inspection Process and Sanctioning Administrative Process issued by the Board of Directors of the National Data Protection Authority ("ANPD") was approved within the scope of its regulatory, supervisory, and sanctioning powers defined in the Federal Law No. 13,709/18, Brazilian General Data Protection Law ("LGPD"), Decree No. 10.474/20 and the Internal Regulation of ANPD, approved by Ordinance No. 1 of March 8, 2021.
The Regulation indicates the procedures related to ANPD's monitoring, guidance, prevention, and repression activities, based on the adoption of measures proportional to the identified risk and the posture of the regulated agents.
The Regulation presents the phases of the sanctioning administrative procedure and the possibility of the proposal for the execution of a term of adjustment of conduct ("TAC") by the assessed agent to suspend the administrative process, if accepted by resolution of the Board of Directors.