The encarregado must be appointed by a formal act of the processing agent (a dated, signed written document clearly designating a natural or legal person) stating how the encarregado will act and the activities to be performed, presented to the ANPD on request. A formally designated substitute acts during absences, impediments and vacancies, which may never obstruct data subject rights or answers to the ANPD. Public bodies appoint an encarregado, preferably a public servant of unblemished reputation, published in the official gazette of their sphere. Appointment by a processor is optional and counts as a good governance practice when mitigating sanctions. The agent sets the professional qualifications needed, considering knowledge of data protection law and the context, volume and risk of its processing. Small agents exempted from appointing one must provide a communication channel with data subjects instead.
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.