Brazil: DPO is officially declared an activity by the Ministry of Labor

published on 23 March 2022 | reading time approx. 3 minutes

The Ministry of Labor recognized DPO as an activity registered in the Brazilian Classification of Occupations (CBO – code 1421-35) under the position of Personal Data Protection Officer (DPO).

What changes?

The classification of the DPO profession by the Ministry of Labor contributes to its recognition in the labor market, but also when a professional is admitted, the CBO code may be indicated in his work card, and he will be granted social security benefits and other benefits, labor rights.

CBO code

1421-35 – Personal Data Protection Officer (DPO)

The DPO was classified as a subcategory of: 1421: Administrative, financial, risk and related managers.

DPO according to LGPD

According to the definition of article 5, item VII, as amended by Law no. 13.853/19, the Person in Charge is the person appointed by the controller and the operator to act as a communication channel between the controller, the data subjects and the National Data Protection Authority - ANPD.

Some companies are deciding to appoint an in-house DPO and thus generating a role accumulation for that employee. Accumulation of role entails additional payment for assigned activities. Note that a company that does not have a labor plan for the new function may be at risk of inspections or labor claims requiring this additional payment or indemnification.

Rödl & Partner, seeking the best for our customers, developed three complementary services to the implementation of the LGPD, namely:

Interim DPO (DPO as a Service) – we act as your third-party DPO, to be a bridge of access for your stakeholders and the legislation, as well as facing the Regulatory Agency in case of questioning.
Training your DPO – We have also developed specific training so that we can prepare your DPO for eventual demands and how to act in the face of requirements.
Labor planning of positions and salaries, review of work and hours to consider as additional to the accumulated function