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On August 19, the webinar “ABES NEW TIMES: How GDPR is affecting business in Europe and what we can learn for LGPD? ”, Which brought together a group of international experts to discuss data protection and privacy laws. The event was supported by Pontus Vision and Movimento Brasil, País Digital; in addition to the companies Bertha Capital, BR Angels, Bossa Nova Investimentos, Kyvo Innovation and Startup Farm - partners of the ABES Startup Internship Program.

The moderation was carried out by Andriei Gutierrez, Coordinator of the Regulatory Committee and of the Movimento Brasil, País Digital, both maintained by ABES. At the opening, Rodolfo Fücher, president of the organization, highlighted the diagnostic tool that assesses the adequacy of companies. of any segment, in relation to the rules of the General Data Protection Law, developed in partnership with the consultancy EY. 

Risk of judicialization

The first to speak was Dr. Viviane Nóbrega Maldonado, Data Protection Expert (CIPP / E), Judge of Law of the TJSP (1993/2018) and Master of Comparative Law (MCL) by Stanford University (USA). Viviane commented that, even recognizing that GDPR and LGPD have a common structure, they have different points. “In Brazil, we are already facing a certain difficulty, because we do not yet have the National Data Protection Authority. In Europe, companies have always been very concerned with the imposition of sanctions due to security incidents, leaks, that is, more technical aspects ”, he commented. She also noted that if the LGPD goes into effect without the ANPD, associations or professionals are expected to go to court with questions about the rights of data subjects already knowing that companies are not prepared to meet these requests, reinforcing judicialization, which marks the national market.

More awareness

Following, Punam Tiwari, Head of Legal UK, Europe and South Africa and Data Protection Officer at EXL Service. Oxford Institute of Legal Practice, spoke about the complexity of structuring data protection tools in a small company, in a large company or in a public organization. Fines and penalties are recorded in the United Kingdom and in the countries of the European Union, but there are still questions about data sharing between companies in different locations, for example, with partners located in the United States. Punam considers that there is still a need to expand awareness actions focusing on the importance of protecting personal data.

Multifunctional approach

Daniel Rolles, Director of Data Analytics at EXL Service. Executive MBA at London Business School, said that the protection of personal data needs a multifunctional approach, on the importance of risk management, control processes and compliance metrics, in order to promote an active management of customer data, including governance, cybersecurity, people training and internal audits.
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Organize the data

Leonardo Martins, Founder and CTO of Pontus Vision, an Anglo-Brazilian company that offers open source data protection tools. Executive MBA at London Business School, said the company came to work in Brazil to share some lessons learned in Europe, adjusting them to cultural differences. He noted that the implementation of GDPR took place in a more mature market, as several countries already had legislation. In Brazil, what is seen is that most companies have not yet started to adapt and that they are still discovering the sources of data within the companies. So, an initial approach to this type of scenario is to start with the data systems already known, such as CRM and HR. Another suggestion is to have a very close performance between the technology, legal and consulting partners, if one has been hired, to promote the organization of data and documentation together.

To watch the full content of this webinar, click on here.

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