On October 02, the Legal Committee held a face-to-face seminar on:
“Practical aspects of LGPD: trends and news”
The seminar aimed to bring practical issues relating to the LGPD to the public for debate and attention, demonstrating that data protection intersects with other legal issues, such as corporate transactions and the challenges that arise in specific cases, as well as bringing the public some recent updates on issues regulated or clarified by the ANPD that are relevant to processing agents in Brazil.
Summaries and Speakers
LGPD in corporate and M&A transactions
Find out how the LGPD impacts corporate and M&A operations. We’ll discuss in practice the necessary precautions and preventive and post-operation measures your organisation should adopt.
Flávia Amaral
Partner at Trench Rossi Watanabe Advogados. She works in the IP Tech group with a focus on Intellectual Property, Technology, Data Protection and Franchising. She represents Brazilian and foreign clients in different industry segments, such as fashion and luxury, health, beauty and wellness, medical products, electronics, technology, automotive and retail. Flávia is also a member of the Legal Studies Committee of the Brazilian Franchising Association (ABF), coordinator of the Intellectual Property and Fashion Law Centre of the Italian-Brazilian Chamber of Commerce, Industry and Agriculture (Italcam) and was Deputy Cultural Director of the São Paulo Intellectual Property Association. Flávia Amaral has been recognised for her work in the area of Intellectual Property by LACCA, Análise 500 and Análise Mulher.
Silvia Bernardino
Partner in the Corporate, Mergers and Acquisitions, Contracts and Capital Markets group at Trench Rossi Watanabe Advogados. She has solid experience in M&A transactions, corporate restructurings, joint ventures and corporate work. She is already ranked elite in M&A by LACCA Approved (Latin Lawyers), legal 500 and legal analysis. She represents the firm at SWISSCAM and has extensive experience with Swiss investors.
Interpretation and Impacts of the Guidance on Legitimate Interest
This year, the National Data Protection Authority (ANPD) published the Guidance on the Legal Hypotheses of Data Processing – Legitimate Interest, which provides guidance and interpretation of the practical application of this specific legal hypothesis. The aim of the talk is to discuss trends, highlights and the respective contours of the use of legitimate interest as a legal basis for data processing, including the requirements of the balancing test and the practical impact on companies’ daily lives, since this document will be used as a parameter by the ANPD.
Larissa Martins
Associate lawyer at Kasznar Leonardos, with a solid practice in the areas of Intellectual Property consultancy and litigation, Personal Data Protection and Digital Law. Certified Information Privacy Manager (CIPM) and Certified Data Protection Officer Brazil (CDPO/BR) by the IAPP. LL.M. in Technology, Media and Telecommunications from Queen Mary University of London, postgraduate in Intellectual Property and New Business from Fundação Getúlio Vargas and Bachelor of Laws from Mackenzie Presbyterian University.
Information Security Incidents – How the LGPD has changed the game
In this talk, we will cover the main aspects of the new ANPD resolution on reporting information security incidents, including obligations and deadlines for handling agents. We will discuss real cases of incidents that have impacted companies and explore the effective strategies our clients have adopted to prevent and mitigate these risks. Through practical analysis, we will share valuable insights on how to prepare for incidents and act proactively to protect data and minimise impacts.
Luiza Sato
Partner at TozziniFreire Advogados in São Paulo, with recognised experience in the areas of Data Protection, Digital Law and Intellectual Property. She graduated from the Largo São Francisco Law School (USP), has a postgraduate degree in Intellectual Property from GVLaw and an LL.M in Law and Technology from the University of California – UC Berkeley. Luiza is listed in Legal500 as a next generation partner, and is recognised by WWL Global as one of the 500 recommended lawyers in the world in the area of Data Protection. Luiza is also recognised by Chambers & Partners in the area of Data Protection. Luiza’s main areas of practice are consultancy, compliance projects, prevention and resolution of information security incidents and transactions involving data protection, information security, digital law and intellectual property rights.
Maria Eugênia Geve M. Lacerda
Senior lawyer in the Cybersecurity & Data Privacy area at TozziniFreire. Graduated from the Getúlio Vargas Foundation’s São Paulo Law School and holds a master’s degree in Philosophy and General Theory of Law from the University of São Paulo Law School. Certified by the CIPM/IAPP. Recognised as an Associate of the Watch in the Chambers&Partners guide.
Regulation on the role of the Data Protection Officer
In July 2024, the National Data Protection Authority (ANPD) published the Regulation on the role of the Data Controller, which, in line with the General Personal Data Protection Law (LGPD), details issues involving the activities of the Data Controller, situations of conflict of interest, the duties of processing agents, the creation of the figure of the substitute Data Controller, the obligation to disclose the contact details of the identity and information of the Data Controller on the website of the processing agent, among others.
In this panel discussion, we will debate the new features brought in by the Regulation, talk about how to hire a Handler and discuss the best way to fulfil the requirements brought in by the Regulation.
Tatiana Campello
Partner in Demarest’s Data Privacy and Cyber Security and Intellectual Property, Innovation and Technology practices, she specialises in Business Law at PUC-SP and holds a Bachelor’s degree in Law from Faculdades Integradas Cândido Mendes. She is recognised in her field and participates in various institutions, such as: President of Lex Mundi’s Privacy Group; was Secretary of the Board and Vice President of the Licensing Executives Society International (LESI); was President of LES Brazil and is currently a member of the association’s Board; was 2nd Vice President and Director Treasurer of the Brazilian Intellectual Property Association (ABPI); Coordinator of ABPI’s Technology Transfer and Franchise Commission; Deputy Coordinator of ABPI’s Copyright Commission; as well as a Member of the International Trademark Association (INTA) and the International Association of Privacy Professionals (IAPP). Tatiana was recognised as Best Latin America IP Lawyer of the Year by Women in Business Law Americas 2023 and as one of the Top 250 Women in IP by Managing IP (IP Stars).