LGPD
Chapter VI: Processing agents and the encarregado (and Resolution CD/ANPD 18/2024) – LGPD

LGPD Res18.Art18-21: Resolution CD/ANPD 18/2024, Arts. 18 to 21: Conflicts of interest of the encarregado

What does Res18.Art18-21 require?

The encarregado must act with ethics, integrity and technical autonomy and avoid conflicts of interest. The role may be combined with other functions or performed for several agents only if all duties can be fully met and there is no conflict, which may arise between internal roles or between agents, or by combining the role with taking strategic decisions on the controller's processing (other than processing inherent to the encarregado's own duties). The encarregado must declare any situation that may be a conflict, answering for the truth of the declaration; the agent must ensure the encarregado has no conflicting duties and, where a conflict is possible, not appoint the person, put measures in place to remove the risk, or replace the encarregado. A conflict is assessed case by case and can lead to sanctions against the agent under Art. 52.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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