ANPD published last Friday, May 28, the “Guidelines for the Definitions of Personal Data Processing Agents and Supervisors”. The document, the first of its kind published by the Authority, seeks to establish guidelines that are not binding on treatment agents and explain who can exercise the functions of controller, operator and supervisor; the legal definitions; the respective liability regimes; concrete cases that exemplify ANPD's explanations and frequently asked questions on the subject.
It is noteworthy that the current version is the first edition of the guide, which is subject to comments and contributions by civil society. Contributions can be sent to normatizacao@anpd.gov.br. The receipt of suggestions for improving the guide is continuous and this guide will be updated as new regulations and understandings are published and established by ANPD.
For Waldemar Gonçalves Ortunho Junior, President of ANPD, the publication of the guide is an important step for ANPD's guiding function: “The preparation of the guide demonstrates ANPD's concern with the questions that have been raised by treatment agents and data subjects . The document brings legal certainty and solves some of the main doubts that arose during the first months of the Authority's existence”.
Access the document on here.
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