Brazil’s Data Protection Authority becomes a full regulatory agency with enforcement powers
Law No. 15.352/2026 transforms Brazil’s Data Protection Authority into a fully-fledged regulatory agency, aligning it with other federal regulators. While the LGPD rules remain unchanged, enforcement capabilities have significantly expanded. The authority now has powers to:• intervene in operations• seize assets• enforce compliance with stronger measures Implications for companies This marks a shift from a […]
Brazil’s Data Protection Authority formally notifies DPO in landmark enforcement action
The publication of Notice No. 1, dated March 23, 2026, marks the first formal electronic notification of a Data Protection Officer in a sanctioning process involving a private entity. This represents a turning point in enforcement. DPO role becomes enforceable The DPO is no longer a formal requirement. It becomes an operational and accountable role. […]
Minor participation in corporate structures is allowed, but requires careful legal structuring
Brazilian law allows minors to participate as shareholders in companies, provided they are represented or assisted by their legal guardians. This practice is common in family businesses, particularly in estate and succession planning structures. However, such participation requires strict compliance with legal requirements. Minors cannot perform management roles and must have their participation properly formalized […]
Brazil’s Superior Court validates electronic powers of attorney without ICP-Brasil certification
The 3rd Panel of Brazil’s Superior Court of Justice (STJ) ruled that electronic powers of attorney do not necessarily require ICP-Brasil digital certification to be legally valid. The decision acknowledges that Brazilian law allows multiple forms of electronic signatures, provided that authenticity and document integrity can be ensured. A shift from infrastructure to evidence The […]
Brazil’s Superior Court sets criteria for atypical enforcement measures in civil execution
The Superior Court of Justice (STJ) has established important criteria for the application of atypical enforcement measures in civil execution proceedings. These measures — including restrictions on passports, driver’s licenses and credit cards — are now considered valid tools to enforce debts, provided certain conditions are met. The Court emphasized that such measures cannot be […]
Brazil’s Superior Court validates electronic consumer notification and raises governance standards
The 2nd Section of Brazil’s Superior Court of Justice (STJ), in ruling Theme 1.315, established that prior notification to consumers regarding the creation of records in databases may be carried out electronically. The decision aligns the interpretation of the Consumer Protection Code with the current digital environment, recognizing that electronic communications are now embedded in […]
PDK Advogados recognized in Legal 100 – 2026 as Best Law Practice Business of the Year – Brazil
PDK Advogados has been internationally recognized in the Legal 100 – 2026 ranking as Best Law Practice Business of the Year – Brazil, reinforcing its strategic positioning in the legal market. Legal 100 highlights law firms based on criteria such as market performance, technical consistency and peer recognition. This type of recognition plays a key […]
Law Enacted Establishing the National Data Protection Agency in Brazil
Institutional strengthening of Brazil’s data protection framework Law No. 15.352 of 2026 has been enacted, transforming the Brazilian Data Protection Authority into the National Data Protection Agency, structured as an autonomous regulatory body linked to the Ministry of Justice and Public Security. The reform consolidates the institutional maturity of Brazil’s data protection regime and creates […]
Moral Damages Compensation Arising from Data Breach in a Data Processor Environment
A recent decision by the Civil Small Claims Court of the Court of Justice of Minas Gerais reinforces a central principle of Brazil’s General Data Protection Law (LGPD): joint and several liability between the Controller and the Processor. In the case at hand, the claimant filed a lawsuit against XP Investimentos and the Rico brand […]
ANPD Issues Technical Note on the Grok System and Reinforces Responsibility in the Use of Artificial Intelligence
Technical Note No. 1 of 2026 issued by the Brazilian Data Protection Authority (ANPD) marks a new level of regulatory scrutiny over Artificial Intelligence systems in Brazil. The document analyzes potential violations of the Brazilian General Data Protection Law (LGPD) related to the Grok system, developed by X Corp., particularly concerning the generation of non-consensual […]