Given the significant overlap between data protection and privacy issues with consumer protection and employment law, as well as other issues considered to be in the public interest, the Brazilian Courts and public institutions are already actively enforcing the LGPD and issuing sanctions for non-compliance regardless of the fact that administrative penalties are not yet available.

In addition, from August 1, 2021 onwards, the ANPD will have the following powers to sanction companies for non-compliance:

  1. Issue a warning;
  2. Issue a fine of up to two percent (2%) of revenues, up to a total maximum of fifty million Reals (R$ 50,000,000.00) per infraction;
  3. Disclosure and publication of the infraction;

Blocking, deletion or suspension of the personal data use.