Organizations remain unprepared to meet the demands of LGPD (General Data Protection Law), recently postponed to January 1st The new law, enacted in 2021, will only be applicable in August of next year, according to new research conducted by ICTS Protiviti on companies' adoption of measures to comply with the new law.
With the participation of 192 companies over six months, the survey organized by the consulting firm indicates that 84% of the respondents still lack a clear guideline on compliance. The first phase of the research, conducted between August 10 and November 10, 2019, showed a similar percentage, but with half the number of participating companies, demonstrating that there was no progress in compliance measures in the subsequent three months.
In this atypical crisis scenario, very different from what the market has faced in recent years, the further postponement of the LGPD's entry into force is understandable. However, the survey data indicates that companies are not using the extended deadline to prepare themselves, but rather delaying their actions.
“There are several points to consider, including the legal uncertainty in the treatment of personal data, the increase in procedures for international data transactions, which reduces the operational efficiency of companies, and also possible harm to citizens due to data leaks, without any compensatory measures,” comments André Cilurzo, LGPD specialist and associate director of ICTS Protiviti.
Companies need focus.
The survey data also shows that companies have some mechanisms in place to comply with the LGPD (Brazilian General Data Protection Law), but they lack the focus, maturity, and operational efficiency to deal with the law.
In this new sample, 41.3% indicate having policies and regulations, compared to 37% in the previous survey, but only 12.5% say they have protective measures to prevent the risk of personal data leaks, an indicator that showed 13.5% in the previous study.
Regarding the management of personal data processing by third parties and suppliers, the percentage remains the same in both versions, with 17%. Only a quarter of the total analyzed has a training program for its employees and third parties, according to the study.
“With the current public calamity situation, companies are prioritizing their cash flow to at least keep their payroll up to date and have the breathing room to return to activities when this “hurricane” passes. The situation is no different in the government,” explains Cilurzo.
“However, postponing the start of the LGPD's entry into force, even by four months, will put Brazil even further behind developed countries and some Latin American peers, as well as allow companies to evade the adjustments required by the new law, exposing customers, employees, and Brazilian citizens to the risks of improper data processing and information leaks,” concludes the expert.
The research continues through LGPD Portal. The data from the current analysis may be accessed via the link.
SOURCE:
E-COMMERCEBRASIL
