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According to the LGPD, what is the amount of the fine to be applied when a violation occurs?

User MrLeeh
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Final answer:

The LGPD fines for violations can reach up to 2% of a company’s revenue in Brazil, with a limit of 50 million reais per violation. Factors influencing the fine include severity of the violation, company size, good faith, and violation history. The National Data Protection Authority (ANPD) enforces these penalties.

Step-by-step explanation:

The LGPD (Lei Geral de Proteção de Dados Pessoais) is Brazil's data protection law, which is similar to the GDPR in Europe. The question regarding the amount of the fine to be applied when a violation of the LGPD occurs is somewhat confused with a reference to OSHA standards, which are related to workplace safety in the United States and not to the LGPD. However, addressing the correct legislation, the LGPD establishes that fines for violations can reach up to 2% of a company's revenue in Brazil, limited to 50 million reais per violation.

Several factors influence the actual fine amount, including the severity of the violation, the company's size, good faith efforts to comply, and the company's history of previous violations. Under the LGPD, companies are also given the right to defend themselves against any allegations. The enforcement and application of these penalties are the responsibility of the National Data Protection Authority (Autoridade Nacional de Proteção de Dados - ANPD) in Brazil.

User Adrian Serafin
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