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Technical Cooperation Agreement between the National Data Protection Authority (“ANPD”) and the Brazilian Antitrust Authority (“CADE”)


Following one of ANPD’s main goals set out in its strategic agenda for 2021-2023, which includes establishing an effective regulatory environment for the protection of personal data and strengthening of the culture of personal data protection, the ANPD has entered into a technical cooperation agreement with CADE, in order to establish coordinated action in cases of violation of the economic order involving personal data.

On June 2nd, 2021, the ANPD and CADE entered into a 5-year technical cooperation agreement (the “Agreement”) aimed at tackling activities deemed harmful to the economic order and promoting and disseminating the culture of free competition in services that claim the protection of personal data.

This initiative stems from the recognition, by both entities, of the economic importance attributed to personal data today and the possibility of its conversion for the most diverse purposes. For the effective protection of such data, ANPD and CADE identified the need, given their respective areas of competence, to share efforts to ensure, at the same time, the due control that the data subjects must have over their data and how it is being used, and free competition in relation to them, which may come to be threatened by acts of concentration by economic agents that, eventually, intend to mitigate competition through the practice of activities that are harmful to the economic order.

Thus, the main objective of the Agreement is to establish cooperation and continuous dialogue between both entities, with the purpose of enabling actions to be taken by ANPD and CADE, when situations of violations of the economic order involving personal data are verified, as is the case of acts of concentration with data transfer.

To achieve this purpose, CADE and ANPD will share information, knowledge and experience in their respective areas of activity, in addition to promoting joint educational actions on procedures and practices for the dissemination of free competition in personal data protection services.

This is the second agreement of this nature signed by ANPD this year, and is the result of actions provided for in ANPD's strategic planning, more specifically in relation to the strategic objective of promoting the strengthening of the personal data protection culture through the promotion of dialogue with other government entities and non-governmental organizations that will take place, among other methods, through the entering into of such cooperation agreements.


Article provided by: Fábio Lacaz (ALV, Brazil)



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