The role of the Data Protection Officer (“Encarregado”) under the Brazilian General Data Protection Law (LGPD)

This is the second paper of the special Joint-Project “Effective Implementation and Regulation Under the New Brazilian Data Protection Law (LGPD)”, by CIPL and CEDIS/IDP.

This project aims to:

• Facilitate information-sharing about the LGPD
• Inform and advance constructive, forward-thinking and consistent LGPD implementation
• Enable the sharing of industry experience and best practices
• Promote effective regulatory strategies concerning the LGPD

This Paper seeks to address the challenges stemming from the implementation of the LGPD from a practical point of view, drawing from the experience and best practices of mature multinational organizations already subject to the obligation to appoint a DPO under other data protection laws.

The ultimate goals of this paper are to support:

1. Organizations in understanding the importance of the role of the DPO under the LGPD and the relevant considerations when creating a DPO position for their organization; and
2. The ANPD in effectively addressing organizations’ concerns and challenges when drafting their complementary rules on the role of the DPO.

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