Brazilian DPA publishes the half-yearly Monitoring Report on 2023-2024 Regulatory Agenda

On August 22, 2023, the Brazilian Data Protection Authority (“Brazilian DPA” or “Authority”) released the half-yearly Monitoring and Execution Report of the Authority’s Regulatory Agenda for the 2023-2024 biennium (“Report”). The Report details the progress of the Agenda’s projects and presents the statistics on society’s participation in the regulatory processes.

The Regulatory Agenda of the Brazilian DPA for the 2023-2024 biennium is a regulatory tool that brings together the priority regulatory actions that will be studied or addressed by the Authority, which we analyzed in a previous newsletter.

The Regulatory Agenda is divided into 4 (four) phases, in order of priority:

Phase 1 – items for which the start of the regulatory process was initiated during the term of the Regulatory Agenda for the 2021-2022 biennium;

Phase 2 – items where the start of the regulatory process will take place within 1 year;

Phase 3 – items for which the start of the regulatory process will take place within 1 year and 6 months;

Phase 4 – items where the regulatory process will begin within 2 years.

According to the Report, the Authority started 11 (eleven) initiatives out of the 12 (twelve) planned for phase 1, so that its indicator was met by 91.67%. It is expected that in the second half of 2023 important deliveries will be made on the Regulatory Agenda for the two-year period, such as the approval of the Regulation on the Communication of Incidents involving Personal Data, the public consultation of the Regulation on the DPO’s activities and the publication of other guidelines.

To access the full report, click here.

Our team is available for further clarification, as well as to advise on the procedures for complying with the regulatory obligations of the LGPD before the Brazilian DPA.

Gustavo Flausino Coelho – gustavo@bastilhocoelho.com.br

Fernando Naegele – fernando@bastilhocoelho.com.br

Matheus Chagas Lamarca – matheus@bastilhocoelho.com.br

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