Introduced Bill aiming to match ANPD’s powers with regulatory agencies and CADE’s powers

Recently, Bill no. 615/2024 was presented in the Federal Senate, aiming to expand the institutional autonomy of the Brazilian National Data Protection Authority ("ANPD" or "Brazilian DPA").

Currently, the Brazilian DPA is a special autarchy, following the amendment of Law no. 14,460/2022, which we analyzed in this newsletter. Previously, the ANPD was an entity under the Brazilian Presidency.

However, Law no. 14,460/2022 did not clarify the characteristics of a special autarchy, which would hinder the ANPD's performance, according to the justification of Bill no. 615/2024.

Thus, to ensure greater legal certainty and the exercise of the Authority's competences, Bill no. 615/2024 aims to grant the ANPD the same prerogatives of regulatory agencies and the Administrative Council for Economic Defense ("CADE"), with no tutelage or hierarchical subordination and functional, decision-making, administrative, and financial autonomy.

Therefore, monitoring the progress of Bill no. 615/2024 is advisable, as it is another demonstration of the increasing importance placed on personal data protection and its regulation in Brazil.

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 ANPD.

Gustavo Flausino Coelho –

Fernando Naegele –

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