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Flavia Amaral

Flavia Amaral is a Partner at Trench, Rossi e Watanabe Advogados, Sao Paulo office.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

On 26 April 2024, the Brazilian Data Protection Authority (ANPD) published the Resolution CD/ANPD no. 15 which approved the Regulation on Notification of Security Incident (“Regulation”). Such Regulation sets forth the mandatory procedures that data controllers must follow when notifying security incidents to ANPD and personal data subjects.
According to Law No. 13,709/18 (Brazilian General Data Protection Law, or LGPD), the controller must notify the occurrence of a security incident that may give rise to relevant risk or damage to data subjects not only to ANPD, but also to the data subjects.

On 15 August 2023, the Brazilian Data Protection Authority launched a public consultation on the regulation of international transfer of personal data, which will be available for 30 days (until 14 September 2023) on the Participa Mais Brasil platfom. The draft under public consultation sets forth the Resolution of the Regulation of International Transfers of Personal Data and the Standard Contractual Clauses template, establishing provisions for the international transfer of personal data according to the Brazilian General Data Protection Law.

On 6 July 2023, the Brazilian National Data Protection Authority (ANPD) issued its first sanction for non-compliance with the Brazilian General Data Protection Law (LGPD). The ANPD’s General Supervision Coordination determined the penalties in conclusion to the administrative sanctioning process against a small business entity, due to violation of articles 7 and 41 of the LGPD, and article 5 of Resolution CD/ANPD No. 1/2021.

On 12 April, Justice Secretary Flavio Dino issued an ordinance that makes it possible to hold digital platforms accountable for the dissemination of content that promotes violence in schools. The document sets forth specific obligations for platforms, such as the immediate removal of certain content after a request from the competent authorities, systemic risk assessment, adoption of measures to prevent the spread of new threats to schools and a policy of active content moderation by application providers. In addition, platforms must prepare reports for the justice secretariat analyzing the risk factors of spreading certain illegal content, and whether recommendation algorithms or other algorithms used by platforms, as well as the content moderation practices adopted, contribute to such risk factors.

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