Law 13.709/18, known as the General Law of Personal Data Protection - LGPD, will take effect in May 2021. This law talks about the treatment and storage of personal data, whether in physical or virtual form, with the imposition of rules and penalties that may directly affect almost all companies.
This legislation also provided for different treatment rules between non-sensitive data, such as name, telephone number, address, and others, and sensitive data, such as data related to health, racial or ethnic origin, religious or philosophical beliefs, political opinions, union membership, genetic and biometric issues, sexual life, and data related to the personality of the owner or involving the possibility of damage to the owner.
Therefore, any company that processes the personal data of its customers and employees in its database, whether this is the simplest category, or more relevant data, as sensitive data, must adjust to the requirements of the Law, as well as obey all the procedures established there under penalty of the application of various types of sanctions, that may reach the suspension of the activity involving data management, up to fines of R$ 50,000,000.00 (Fifty million reais).
In this scenario, in order to prepare, support and protect these individuals or companies from the consequences of LGPD, MoselloLima has developed an internal Digital Law cell focused on technical and legal analysis of management, storage and protection of data, composed by professionals specialized in this theme, with a legal core and an IT core, advising our clients on the governance of the data they handle, using technological tools to implement the solutions, with the adequacy of information governance based on the viability and development of our client's business.
To comply with LGPD, the companies that already manage and share documents and data, whether physical or digital, or those that intend to do so, need for those to be stored, qualified and classified in accordance with the parameters established by this legislation, for the purposes of internal control and of the public entities themselves, being subject to inspection and application of sanctions.
Given the requirements of the LGPD, we have developed a service that includes the execution of the identification, separation, and classification of all the company's data and documentation, organizing its storage in compliance with the legal provision, through the implementation of a procedural standard that consists in the optimization and management of all this information. Our professionals will perform the sanitation of all stored data and documents susceptible to LGPD, regularizing liabilities and providing easier management.
Standard Storage is subdivided into two stages:
The first, is the Governance Catalog, which includes the analysis and governance of structured data (e.g. database, hadoop, csv files). The second, is the StoredML, which includes the analysis and governance of unstructured data (e.g., emails, pdf, jpg, png, tiff).
Risk Mapping is a legal advisory service that includes the mapping and consequent proposal for the adoption of measures to adapt the company to the LGPD, as well as the implementation of internal policies and procedures in the management and treatment of client’s data in accordance with the current regulation, diagnosing the needs of adequacy and involving the analysis of opportunities and risks from the operations of the activity, the development of rules, POPs and instruction materials.
With the advent of the LGPD, it is mandatory for companies to have a person in their organizations responsible for managing the entire flow of information, from its collection to its processing and treatment, who will also be responsible for being the interlocutor between the company and the National Data Protection Authority. This professional, called the Data Protection Protection Officer, must have, among his attributions, legal knowlegde in compliance, governance and security of information.
The LGPD provides that the role of the DPO can be performed by individuals or companies, either directly hired as an employee of the company, or through an external specialized entity, which will provide the service in this condition for the companies.
Aware of the importance of the DPO figure, MoselloLima brings in its portfolio the LDPO - Legal Data Protection Officer service, which consists of two fronts.
The first, ADPO - Advice Data Protection Officer, consists in the training and advice just in time of the DPO hired by the company to be part of its staff, preparing him technically for the execution of his duties through the assembly of flows and procedures adjusted to the company's activities, as well as legal counseling for the analysis of factual situations and consequent decision making with developments before the LGPD and the relationship of this before all coexisting legislation.
In the second, OTJ - On The Job, we offer a specialized professional to be your company's DPO, either in company or allocated within our own structure, in both cases, providing efficient management of data treatment, managing the procedures of storage and security, as well as being the company's representative, responsible for dealing with public agencies, with all confidentiality reservations set forth in a confidentiality agreement signed between the office, the professional, and the company.
The LDPO - Legal Data Protection Officer service aims to bring greater security to our clients in terms of data management and storage, reducing costs, boosting results and allowing companies to comply with legislation without making its operations unfeasible.
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