The relevance of governance and compliance has been the subject of debate in many forums around the world. These issues, which initially gained prominence with anti-corruption actions, have become, in recent years, essential internal policies and instruments for enhancing the reputation of organizations.
Privacy and data protection governance is a valuable initiative, supported by international standards, which demonstrates the effectiveness of efforts made by the private sector in promoting awareness (education) and preventing security incidents. On the other hand, the sanctioning process – which is part of this same context – is a consequence of decisions made by data processing agents that result in non-compliance with the legislation, possibly due to the absence (or insufficiency) of appropriate measures and actions. In fact, governance and sanctioning are elements that coexist and complement each other, with governance acting as an important factor in reducing the risk of penalties.
Governance and Legal Compliance
Data protection governance and legal compliance, although still considered optional by some organizations, have already become email data as market requirements. In the coming years, these practices are likely to become decisive in defining what is economically and operationally viable. Thus, the adoption of governance and compliance policies not only meets current demands, but will also be essential to ensure the sustainability and competitiveness of companies in the future.
In the context of data protection, in particular, governance is developed in at least two distinct spheres: (i) in the legal-regulatory field, especially through the actions of the National Data Protection Authority (ANPD), which can adopt different approaches, such as regulations, guidelines, technical notes and educational campaigns; and (ii) within the scope of the personal data processing agents themselves, whether due to the influence of regulatory actions or pressure from the market and other stakeholders. These agents can implement governance measures voluntarily, in accordance with article 50 of the LGPD, as well as adhere to various international frameworks, such as ISO 37000 and ISO 37301 standards.
Governance as an asset
In fact, the ANPD, together with the LGPD. Encourages good practices and privacy governance. Since all guides. As well as the inspection and sanction regulation (Resolution CD/ANPD No. 04/2023) – and others –, make it clear that the the interest of using okrs at the global level of good faith and the implementation of privacy governance measures and personal data protection will as mitigating factors in cases of penalty.
Recognizing the importance of reputation in the market and the financial impact associated with it, the ANPD made it clear, both in the aforementioned regulation and in the sanctions it applied, that the public exposure of the offender as an unethical agent is a form of penalty. Governance and the implementation of good practices, together with the dissemination of concepts such as ESG and awareness of the importance and economic, competitive and reputational advantages associated with data protection compliance, will play a fundamental role in the process of adaptation and cultural transformation of the country, towards a society that values and preserves its privacy.
Adequate data protection
Therefore, is a b2c fax dimension of current compliance and stands out as a relevant corporate asset, contributing not only to regulatory compliance, but also to strengthening the position of companies in the market.