Sebrae helps micro and small companies adapt to the LGPD
- September 5, 2022
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Theme was highlighted at an event by the institution’s legal advisors, with the presence of STF Minister Gilmar Mendes
Micro and small business entrepreneurs need to carefully observe the General Data Protection Law (LGPD) to minimize the legal risk of the treatment and use of data and information of consumers and other people served. The topic was addressed by Fabrício Medeiros, manager of the Legal Advisory Unit of the Brazilian Micro and Small Business Support Service (Sebrae), during the 23rd edition of the National Meeting of Legal Advisors.
The event brings together, in Brasília, this Thursday and Friday (1st and 2nd of September), one hundred lawyers from the 28 Sebrae units spread across the country to address issues related to strengthening the institution’s legal sector to improve service to small businesses. .
To support small businesses in complying with the LGPD – which establishes guidelines for the collection, storage, processing and sharing of physical and digital personal data – Sebrae has been an important channel of information about the changes brought about by the law.
According to Medeiros, it is necessary to be aware of the rule under penalty of having to respond in court about the use of data without the consent of its holders. “Sebrae’s role has been educational,” said Medeiros.
Among the sanctions provided for those who break the law are a warning for the adoption of measures, the possibility of publicizing the infraction, blocking of personal data until its regularization and, for more serious cases, a fine of 2% of the company’s annual global revenue, with ceiling of up to R$50 million.
According to the manager, the law took care to treat micro and small enterprises differently, as provided for in the Constitution. An example of differentiated treatment is the fact that MSEs are not required to have a person in charge of processing personal data. “This brings more legal security, reduces costs and gives security so that this entrepreneur can continue to carry out his activity normally”, highlighted Medeiros.
Main rules relaxed for small businesses
Articulation by Sebrae and other entities with the federal government allowed the creation of differentiated rules for small enterprises based on Resolution CD/ANPD No. 02 of the National Data Protection Authority (ANPD), published in January this year.
Among the main determinations are:
- Waiver of the obligation to appoint a person in charge of processing personal data;
- Flexibility based on risk and scale of treatment;
- Flexibility in meeting the requests of holders by electronic or printed means;
- Waiver of the obligation to delete, anonymize or block excessive data;
- Double the time compared to other treatment agents;
- Flexibility of the impact report as a simplified form;
- Availability of guides and guidelines to assist in the adequacy;
- Availability of specific resolutions to facilitate the processing of personal data.
Gilmar Mendes highlighted the social role of Sebrae
The Minister of the Federal Supreme Court (STF) Gilmar Mendes, who spoke at the opening of the event, highlighted the important role that Sebrae plays in the promotion and strengthening of small enterprises in the country, which represent about 90% of the country’s companies.
According to him, small enterprises have the important social function of fighting unemployment, “the biggest wound that leads to the breakdown of families and society”. “Micro and small companies ensure high-scale employability It is in small business that Brazil happens”, said Mendes.
The director-president of Sebrae, Carlos Melles, highlighted micro and small companies as the “big employers”, accounting for 7 out of 10 jobs generated in the country, and the indispensability of Sebrae for these ventures, above all, in the educational and educational role. its strengthening. “There is no social program stronger than employment”, highlighted Melles.
He highlighted Sebrae initiatives such as the Prefeito Empreendedor program, which has more than 1,500 partner municipalities and which encourages mayors and regional administrators to implement projects focused on the development of small businesses.
The Sebrae’s assisted credit program for small enterprises, providing guarantees for loans with lower interest rates and longer grace periods, as well as guidance for financial management, was also highlighted by Melles. According to him, access to credit is essential for moments of economic recovery.
In addition, the president mentioned the Local Innovation Agents (ALI) program, which inserts fellows into small enterprises to support fronts such as digital transformation and financial management.
Economic freedom law promotes advances in business environment
Law 13.874/2019, called the Economic Freedom Act, which brought more autonomy and competitiveness to small businesses, was also highlighted at the event. According to Fabricio Medeiros, it has contributed to promoting business activity, reducing bureaucracy. Among the advances brought about is the exemption of prior licenses for companies with low-risk activities to operate and the granting of automatic registration if the decision of the public body is not given within the stipulated period.
According to Medeiros, the law is extremely positive because it breaks the ties that afflicted entrepreneurs, especially micro and small entrepreneurs. “The benefits arising from this law are already being felt in practice and the trend is that, over time, there will be an increase in this flexibility, making the business environment even more peaceful for micro and small entrepreneurs”, he said.