Small Treatment Agents – Resolution

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On 01/27/2022, the ANPD published Resolution CD/ANPD No. size (“Regulation”).

The intention was to make the adaptation of small agents to the requirements of the LGPD more flexible, enabling the preservation of the rights of the holders of personal data.

The main points covered in the Regulation will be highlighted below:

Small processing agents : Pursuant to art. 2, item I of the Regulation, the following will be considered small-sized treatment agents: (i) micro and small companies, as defined by Laws No. 14.195/2021,   10.406/2002 and Complementary Law No. 123/2006, (ii)  startups, (iii) legal entities governed by private law, including non-profits, as well as (iv) natural persons and depersonalized private entities that process personal data, assuming typical controller or operator obligations.

Proof of classification as a small-scale treatment agent may be requested by the ANPD and must be presented within 15 (fifteen) days.

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