ANPD reinforces compliance with the LGPD: Opening of an Inspection Proceeding against 20 large companies that did not formally appoint the DPO.

The Brazilian National Data Protection Authority (ANPD) initiated an inspection proceeding involving twenty large companies that did not formally appoint the Data Protection Officer (DPO) or that provided ineffective communication channels, reinforcing the need to comply with the Brazilian General Data Protection Law (LGPD).

The inspection is based on the provisions of Article 41 of the LGPD and Article 3 of Resolution CD/ANPD No. 18/2024, which require the formal appointment of a DPO responsible for intermediating communications between the controller, the data subjects, and the ANPD. In addition, ANPD found situations in which communication channels, although made available by the controllers, are not effective and adequate, making it difficult for data subjects to exercise their rights, such as access, correction, and deletion of personal data.

The twenty inspected companies operate in different economic sectors, including technology, health, education, and retail.

According to the ANPD, the purpose of the inspection is not only to address irregularities and ensure the rights of data subjects, but also to reinforce the importance of transparency and accountability in the personal data processing.

The companies subject to the inspection now have the opportunity to regularize their situation and avoid the opening of administrative sanctioning proceedings, which could result in the application of the administrative sanctions provided for in Article 52 of the LGPD, such as warnings and fines.

It is worth noting that the inspection is part of the ANPD’s Monitoring Cycle and is aligned with the 2024-2025 Priority Matters Map, which establishes the guarantee of the rights of data subjects as a priority. Therefore, other ANPD inspections to ensure the rights of data subjects and compliance with the LGPD may take place throughout 2025, reinforcing the need for companies, regardless of size, to adapt their practices to the requirements of the LGPD.

For more information about the LGPD and the ANPD’s activities, including the requirements for the appointment of a Data Protection Officer, please contact Saud Advogados.