{"id":280526,"date":"2020-09-17T13:15:22","date_gmt":"2020-09-17T16:15:22","guid":{"rendered":"https:\/\/anba.com.br\/?p=280526"},"modified":"2020-09-18T10:30:14","modified_gmt":"2020-09-18T13:30:14","slug":"businesses-must-be-aware-of-international-data-protection","status":"publish","type":"post","link":"https:\/\/anba.com.br\/en\/businesses-must-be-aware-of-international-data-protection\/","title":{"rendered":"Businesses must be aware of international data protection"},"content":{"rendered":"

S\u00e3o Paulo \u2013 Brazil\u2019s General Data Protection Law (Lei Geral de Prote\u00e7\u00e3o de Dados – LGPD<\/em>), whose enactment is expected to take place this month, is prompting a race to adapt to the new rules on the part of businesses. However, companies operating internationally must also factor in the law in the countries they are active in.<\/p>\n

Attorney Thiago Martinelli Veiga (pictured above<\/em>) is a partner at Martinelli, Freitas & Liberal Advogados Associados, in Florian\u00f3polis, Santa Catarina. An Arab Brazilian Chamber of Commerce<\/strong> (ABCC) member, the law firm is mostly active in corporate and digital law and the LGPD.<\/p>\n

\u201cWhenever data moves from one country to another, businesses must pay attention to legislation in the country that\u2019s the source of the data as well as the target countries. Every company that\u2019s involved in foreign trade or does business internationally will ultimately have to deal with this additional concern,\u201d Martinelli told ANBA.<\/p>\n

Some Arab countries have laws in place concerning data, the attorney said. According to France\u2019s Commission Nationale Informatique & Libert\u00e9s, Morocco and Tunisia have laws and national authorities on data protection, and laws to that end are in effect in Yemen, Algeria, Mauritania and Qatar.<\/p>\n

Europe\u2019s data protection laws are more comprehensive than Brazil\u2019s, and the likes of Argentina, Uruguay and some states in the United States have similar laws in place. \u201cForeign law often requires higher safety levels from Brazilian companies than if they were only doing business locally,\u201d Martinelli argued.<\/p>\n

Corporate LGDP adaptation services available from the law firm includes optional modules covering data protection in other countries. Martinelli advises businesses to avoid deals involving large amounts of data transmission in countries with no legislation. According to him, data protection is increasing around the world, and a company can rise above the pack by being prepared when time comes to do business abroad.<\/p>\n

Managing risk <\/strong><\/p>\n

When it comes to helping businesses adapt to the LGPD, Martinelli, Freitas & Liberal Advogados Associados will work out a client\u2019s information flows, the type of data that it deals with and the risks they entail. Then, it works to enhance safety levels and manage data-related risk. That includes adapting contracts with third parties and providing training to staff.<\/p>\n

According to Martinelli, the core purpose of the LGPD is to improve information safety within businesses and enable the sharing of data with the market. The law is designed to ensure the owners of the data are safe, he said. \u201cThe safer the data sharing system is, the more I can allow data to flow.\u201d<\/p>\n

He notes that the first step for companies that are new to this is to figure out how to protect client information. \u201cThe first thing is to be transparent about the relationship regarding data protection. To let people know what the data is and how it\u2019s being treated,\u201d he says, recommending that attention be paid to security levels in technological environments and elsewhere.<\/p>\n

He remarks that Brazilian enterprises are at different stages when it comes to data protection. The financial sector is more attuned to it due to other regulations it needs to comply with. Other sectors, such as accounting and association-oriented ones, have no dedicated regulation or authorities to that end. In other words, some are prepared and some need to start from scratch.<\/p>\n

Martinelli sees the law as a good thing. \u201cThe goal is to create a healthy environment for data sharing, and to prevent a flurry of data treatment lawsuits from people as a result of under-regulation. With the law, companies know what they must and what they can do. This gives them legal safety.\u201d<\/p>\n

Entry into force<\/strong><\/p>\n

Brazil\u2019s data protection law is divided into three sections. The first one, concerning the creation of a National Data Protection Authority (Ag\u00eancia Nacional de Prote\u00e7\u00e3o de Dados<\/em>), has been in effect since 2018. Section two concerns administrative sanctions to be enforced by the Authority. That is slated to become effective in August 2021. The third section, on data ownership rights and corporate obligations, is pending signature from president Jair Bolsonaro, which is expected to take place this month.<\/p>\n

Martinelli notes that adaptation is in order even if sanctions are not enacted yet. Consumers can file civil lawsuits demanding compensation, and the Prosecutor\u2019s Office might resort to the law to question corporate data protection behavior. \u201cThis must be an urgent concern,\u201d he said.<\/p>\n

In addition to Martinelli himself, Martinelli, Freitas & Liberal Advogados Associados includes partners Simoni Ribeiro de Freitas, Leandro Monteiro Liberal, and Paulo Potiara A. Veloso. It is going on three years in its current configuration, although its professionals have been practicing law for longer. The law firm\u2019s partners hold masters\u2019 and PhD\u2019s, and they are also academically active at this time.<\/p>\n

Quick facts<\/strong><\/p>\n

Martinelli, Freitas & Liberal Advogados Associados
\nTel.: +55 (48) 3364 5347
\nWebsite<\/a><\/p>\n

Translated by Gabriel Pomerancblum<\/strong><\/p>\n

Press Release<\/div>\n","protected":false},"excerpt":{"rendered":"

Brazilian law firm Martinelli, Freitas & Liberal Advogados Associados works on corporate compliance with the General Data Protection Act. It advises internationally active companies to pay attention to legislation in the countries they\u2019re working in, in addition to local law.<\/p>\n","protected":false},"author":1455,"featured_media":280494,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[91,114],"tags":[17189,17191,17181,17192,17183,17193,17190],"class_list":{"0":"post-280526","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-economy","8":"category-news","9":"tag-data-protection","10":"tag-freitas-liberal-advogados-associados-en","11":"tag-lei-geral-de-protecao-de-dados","12":"tag-lgpd-en","13":"tag-lgpd-europa","14":"tag-martinelli-en","15":"tag-thiago-martinell"},"wps_subtitle":"Brazilian law firm Martinelli, Freitas & Liberal Advogados Associados works on corporate compliance with the General Data Protection Act. It advises internationally active companies to pay attention to legislation in the countries they\u2019re working in, in addition to local law. ","_links":{"self":[{"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/posts\/280526","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/users\/1455"}],"replies":[{"embeddable":true,"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/comments?post=280526"}],"version-history":[{"count":0,"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/posts\/280526\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/media\/280494"}],"wp:attachment":[{"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/media?parent=280526"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/categories?post=280526"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/anba.com.br\/en\/wp-json\/wp\/v2\/tags?post=280526"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}