CIPL Response to the ANPD Consultation on Draft Guidelines on Suppliers of Information Technology Products or Services: Scope and General Obligations under the Digital ECA

In this response, CIPL commended the ANPD for seeking to provide greater predictability and legal certainty for regulated entities through clear definitions and interpretive criteria, and we encouraged the agency to further strengthen the guidelines by:

• Clarifying the guidance-oriented nature of the document
• Preserving the cumulative likely-access test
• Framing presumptions as rebuttable
• Providing procedural safeguards for reclassification
• Recognizing protective personalization and layered safety systems.

We emphasized that mitigating factors, good-faith compliance efforts, and reasonable adaptation periods when new obligations are introduced should factor in any enforcement considerations, and we further suggested the guidelines should be reviewed and adapted in regular intervals to account for new developments.

Download the Response

Download Now