Day: June 18, 2021

On June 21st, 23rd and 25th, ANPD will hold technical meetings on the topic “Personal Data Impact Assessment”, live, always at 10 am on ANPD’s YouTube channel.

The event will be divided into three panels, where experts will address topics such as: “How should ANPD evaluate a data protection impact assessment presented by the processing agent” and “How the commercial or industrial secret may limit the content of a data protection impact assessment?”.

An important initiative of the agency, which has as one of its missions to bring together all public and private actors in building a culture of Privacy and Data Protection in Brazil.

Previously, it is important to understand that the impact assessment issued is a privacy risk management tool. Thus, fulfilling the function of demonstrating that the Controller assessed the risks in the operations of processing personal data and adopted measures to mitigate them.

The impact assessment has a legal provision in article 5, item XVII, of the LGPD, defined as:

“Controller documentation that contains the description of the processes for processing personal data that may create risks to civil liberties and fundamental rights, as well as measures, safeguards and risk mitigation mechanisms;”

Thus, among the many points required by the LGPD, the – Data Protection Impact Assessment – DPIA, stands out as the instrument used by the controller in cases where the processing of personal data can generate risks to civil liberties and fundamental rights holders, serving as a tool to identify measures, safeguards and risk mitigation mechanisms.

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On June 04, 2021, Brazil signed the United Nations Convention on International Settlement Agreements resulting from Mediation, the “Singapore Convention on Mediation”. The adoption of the Convention by Brazil is part of the efforts of the Federal Government to promote de-bureaucratization, in order to support the development of businesses and stimulate the economy.

The Singapore Convention aims to give effectiveness to international settlements resulting from mediation, strengthening the mediation as an effective consensual alternative to resolve international disputes. It establishes a harmonized legal framework applicable to settlements resulting from mediation, which allows that a settlement to be easily invoked and enforced in many jurisdictions.

In accordance with the Convention, a party may enforce the settlement resulting from mediation at a local court of any of the contracting states, provided that the settlement is entered in one of the contracting states. The local courts may only refuse to grant relief in limited circumstances, such as (1) incapacity of the disputing parties, or (2) issued related to the validity of the settlement agreement, or (3) the conduct of the mediator which influenced the entering of the settlement or its terms, or (4) violation of public policy or (5) if the subject matter of the dispute cannot be settled by mediation.

Brazil is the 54th country to sing the Convention, that is already in force in 6 countries. For the Convention to enter into force in Brazil it depends, now, on the approval of the National Congress.

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The foreign capital census of the Brazilian Central Bank (“Census”) is a mandatory declaration for Brazilian entities and investment funds whose patrimonial composition contains foreign participation, or which have received investments from non-residents.

The purpose of the Census is to collect information about the external debt of Brazil, allowing the Central Bank to compile statistics to subsidize the formulation of economic policies, and to assist research and activities of international organizations.

The Census is governed by Circular 3.795, of 16 June 2016 issued by the Central Bank, which stablishes the Annual Census and the Quinquennial Census.

The Quinquennial Census refer to years finishing in zero (0) or (5), and the respective declaration must be submitted in the period starting on July 1st, up to August 15, at 6pm, of the subsequent year. In the years that the Quinquennial Census does not occur, the Annual Census declaration must be submitted.

Therefore, starting on July 1st, 2021, up to August 15, 2021, the following entities must submit to the Brazilian Central Bank the Declaration of the Quinquennial Census of Foreign Capital in Brazil, with reference to year 2020:

  1. entities located in Brazil, whose capital contains foreign direct investment, in any amount, on December 31st, 2020;
  2. investment funds with non-resident quotaholders on December 31st, 2020;
  3. entities located in Brazil, with short term debts (payment term up to 360 days) owed to non-residents, in the total amount equivalent to or higher than USD 1 million (one million US Dollars), on December 31st, 2020.

Persons, entities with foreign debts granted by financial institutions located in Brazil and non-profit organizations maintained by contributions of non-residents, are exempt from the obligation to submit the declaration related to both Census.

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