Brazil: Data Protection Authority publishes Regulation on Notification of Security Incident

In brief

On 26 April 2024, the Brazilian Data Protection Authority (ANPD) published the Resolution CD/ANPD no. 15 which approved the Regulation on Notification of Security Incident ("Regulation"). Such Regulation sets forth the mandatory procedures that data controllers must follow when notifying security incidents to ANPD and to personal data subjects. 

According to Law No. 13,709/18 (Brazilian General Data Protection Law, or LGPD), the controller must notify the occurrence of a security incident that may give rise to relevant risk or damage to data subjects not only to ANPD, but also to the data subjects. According to the new Regulation, the deadline for notifying the incident, both the ANPD and data subjects, is three (3) business days, counted from the date on which the controller became aware that the incident affected personal data. If such deadline is not respected, the reason for the delay in notification must be justified.

Some of the Regulation's key aspects are:

Definition of risk or relevant damage to personal data subjects

The Regulation sets forth a definition for when a security incident may give rise to relevant risk or damage to data subjects. Incidents involving sensitive personal data; data relating to children, adolescents or the elderly; financial data; authentication data in systems; data protected by legal, judicial or professional secrecy; or large-scale data - are on the list of those that may give rise to relevant risk or damage to data subjects.

Communication of the security incident to the ANPD and to data subjects

The notification to ANPD must be made by using an electronic form. Among the information that must be included in the notification, we highlight a detailed description of the incident, the types of data compromised, the number of affected individuals, the security measures adopted before and after the incident, and other information described in the Regulation.

ANPD may also request new information about the security incident from the controller at any time, including the record of the processing operations of the personal data affected by the incident, the data protection impact assessment (DPIA) and the incident handling report.

As regards the notification to data subjects, the Regulation sets forth the minimum information to be included in such notification and highlights that simple language should be used. If it is possible to identify those affected, notification should also be direct and individualized. 

Please note that small processing agents will have their deadlines doubled for reporting and supplementing information, under the terms of Resolution CD/ANPD No. 2 of 27 January 2022.

Obligation to record the security incident

The Regulation also sets forth the obligation for the controller to keep a detailed record of the security incident for a minimum period of five (5) years from the date of the record, including those events not reported to the ANPD and the data subjects.

Finally, the Regulation sets forth additional provisions governing the process of notifying a security incident to the ANPD, including who can initiate it and how the process can be terminated.

* * * * *


Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Contact Information
Flavia Rebello
Trench Rossi Watanabe, Sao Paulo
Read my Bio
Flavia Amaral
Trench Rossi Watanabe, Sao Paulo
Read my Bio

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.