Integrating Compliance Programs and the General Data Protection Law

The increasing 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 tool to ensure adherence to laws, regulations, ethical standards, and internal policies.

With the enactment of Law No. 13,709/2018 (General Data Protection Law - LGPD), the Brazilian legal system now has a new regime aimed at safeguarding privacy and protecting personal data, imposing specific obligations on all processing agents.

 In this context, the intersection of compliance and LGPD (General Data Protection Law) proves to be inevitable. Observing the LGPD is not merely a technical requirement; it constitutes a genuine legal obligation. 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 fundamental that compliance programs are fully aligned with 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 the illicit leakage of data 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 them, the following stand out: the mapping and documentation of all personal data processed by the organization, covering its collection, storage, and disposal; the creation of clear and accessible privacy policies and terms of use, precisely informing how data is collected, used, and protected; the establishment of a service channel for data subjects, enabling the exercise of their rights, such as access, correction, deletion, portability, and revocation of consent; continuous training of employees regarding data protection and good security practices, promoting a culture of ethics in information handling and incident prevention; the establishment of effective security incident response procedures, allowing for quick and structured action in cases of leaks or undue access, with containment actions, risk assessment, and communication to authorities and data subjects; and, finally, the conducting of periodic internal audits, with the aim of evaluating continuous compliance and ensuring that legal guidelines are being effectively met.       

 In other words, data governance, in turn, involves defining the processes, policies, and structures responsible for the secure and effective management of data within the organization. However, when this governance is not articulated with compliance, it creates a problem, which can compromise both legal certainty and the company's reputation.

Therefore, the integration between data governance and compliance is not merely 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.