By Claudio Roberto Barbosa
11 de March de 2015
Newsletter 2015.04 – New draft bill of law presents challenges for companies regarding the protection of personal data
Companies commonly consider their databases as an intellectual asset. Brazilian Copyright Law recognizes that companies own the architecture of databases that can be considered works of authorship, either by the selection, organization or disposition of its contents (article 7, XIII of Federal Law n. 9.610/1998). However, some aspects must be considered when databases contain private information (usually consumer’s data). Given that such data relate to natural persons’ privacy, strong objections are raised in society against the unauthorized treatment and transfer of such information. Unlike other countries, only now this became an issue in Brazil and under an scrutiny of experts and the allegedly mistreatment of client’s personal data by some companies that the debate about the new draft bill of law was recently introduced.
For the last thirty years, Brazilian legal framework has superficially touched the protection of personal data. Dispositions were spread in the Federal Constitution, the Consumer Protection Code, the federal laws on access to public information and on industrial property, as well as on the Civil Rights Framework for the internet. Still, the lack of a single law fully regulating the issue has led to undesired levels of legal uncertainty.
An old promise of the Ministry of Justice, the Draft Bill of Law on the Protection of Personal Data was finally disclosed last January. Long-awaited by companies, lawyers and consumer defense entities, the draft is under public consultation until April 30, 2015 and might be refined bt the Ministry before its submission to the Congress. It is already possible, though, from the analysis of the document, to derive some conclusions that may guide companies with regard to the best practices to be adopted until the effective enactment of the law.
Last by Claudio Roberto Barbosa
29 de May de 2026
Kasznar Leonardos has been ranked by IAM Patent 1000
It is with great honor that we announce that we have once again been ranked in the IAM Patent 1000. In the … Kasznar Leonardos has been ranked by IAM Patent 1000
21 de May de 2026
Brazilian Civil Rights Framework for the Internet in Transformation: New Decrees Impact Big Techs
Today (May 21, 2026), Decrees No. 12,975/2026 and 12,976/2026 were published as part of the Federal Government’s initiative aimed at strengthening accountability … Brazilian Civil Rights Framework for the Internet in Transformation: New Decrees Impact Big Techs
5 de May de 2026
Kasznar Leonardos partners were recognized in Lexology Index
We are honored to announce that Kasznar Leonardos has been recognized once again by the Lexology Index (formerly Who’s Who Legal) in … Kasznar Leonardos partners were recognized in Lexology Index