The growing complexity of legal and commercial relationships in contemporary society requires organizations to adopt structured mechanisms for internal control and regulatory compliance. In this scenario, the implementation of compliance programs becomes an essential instrument to ensure adherence to laws, regulations, ethical standards, and internal policies.
With the promulgation of Law No. 13,709/2018 (General Data Protection Law – LGPD), the Brazilian legal system now has a new regime aimed at protecting privacy and personal data, imposing specific obligations on all processing agents.
In this context, the intersection between compliance and LGPD proves inevitable. Compliance with the LGPD is not merely a technical requirement, but a true legal duty. Non-compliance can lead to administrative, civil, and, in certain situations, even criminal liability, in addition to causing serious damage to the institutional reputation of the company that fails to adhere to these parameters.
Thus, it is crucial that compliance programs are fully aligned with the LGPD guidelines, aiming to mitigate risks related to the processing of personal data. The implementation of internal controls, the consolidation of an ethical culture, and the adoption of good business practices are essential pillars for preventing illegal data breaches and ensuring legal compliance.
In this regard, for a company to be aligned with the guidelines of the General Data Protection Law (LGPD) and a Compliance program, it is necessary to adopt a series of fundamental measures. Among these, the following stand out: mapping and documenting all personal data processed by the organization, covering its collection, storage, and disposal; developing clear and accessible privacy policies and terms of use that accurately inform how data is collected, used, and protected; creating a service channel for data subjects, enabling them to exercise their rights, such as access, correction, deletion, portability, and revocation of consent; continuous training of employees on data protection and good security practices, promoting a culture of ethics in information handling and incident prevention; establishing effective incident response procedures, allowing for quick and structured action in cases of leaks or improper access, with containment actions, risk assessment, and communication to authorities and data subjects; and, finally, conducting periodic internal audits to assess continuous compliance and ensure that legal guidelines are being effectively met.
In other words, data governance, in turn, involves defining processes, policies, and structures responsible for the secure and effective management of data within the organization. However, conversely, when this governance is not articulated with compliance, a problem arises, which can compromise both legal security and the company's reputation.
Therefore, the integration between data governance and compliance is not just recommended, but a necessity for organizations seeking to operate with integrity, responsibility, and in accordance with legal and ethical requirements.
Amanda Batista Fernandes Segala is a lawyer at Rücker Curi Advocacia e Consultoria Jurídica.
