Document requests the Executive Power to debate about the complete autonomy of ANPD and to Congress to move forward with the PEC, which makes regulation an exclusive activity of the Union

ABES – Brazilian Association of Software Companies – declares its support for the manifesto released by the LGPD Business Forum. O document brings together more than 20 business entities with several claims for effective legal certainty around the LGPD.

According to the document, the complete independence of the Data Protection Authorities, which represents the best international practices, is a relevant factor to facilitate the cross-border flow of personal data with countries and indispensable for a potential Adequacy decision of the European Commission, the which would make the flow of personal data with the Member States there free. Thus, the main objective of the manifesto is to request the Executive Power to promote, still in 2021, a broad debate on the complete autonomy of ANPD, requiring the inclusion of a budget allocation for its administrative and functional autonomy in the Annual Budget Law Project and its approval in the National Congress.

Another outstanding claim in the Manifesto is the vote on the Proposal for Constitutional Amendment n. 17 of 2019, which elevates the Protection of Personal Data to an exclusive activity of the Union. The group of business entities asks that the Chamber of Deputies return to guide the PEC17. “We are here to endorse this work of ANPD, which is serious, transparent, open, and is in constant search for dialogue and to listen to society as a whole. Therefore, we are now willing to elevate this discussion on the regulation of personal data privacy to an exclusive activity of the Union. This continues to be a concern of the private sector here in Brazil, which sees a very high risk of legal uncertainty because we have more than 10 state and municipal projects to have their laws and regulatory authorities”, says Andriei Gutierrez, coordinator of the Regulatory Committee of the Brazilian Association of Software Companies (ABES) and one of the leaders of the LGPD Business Forum.

Recently, ABES and more than 50 entities in the sector created the LGPD Business Forum, which aims to discuss and deepen the possibilities of regulating the LGPD in order to seek a balance between the protection of fundamental rights and economic development and innovation. The Forum was created with the strong purpose of promoting legal security and the culture of data protection in Brazil. The opening event was held on August 2nd and can be watched via the Youtube .

The initiative is part of ABES's action plan to discuss topics of national relevance with its members and aims to establish an important space for internal discussions and monitoring of specific regulations, engagement with stakeholders, in addition to fostering the exchange and dissemination of information between members and the most diverse segments of society.

quick access