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PERSONAL DATA PROTECTION – NEW REGULATION Nº 39/2015 – AGENCY INSPECTIONS THROUGH E

08/10/2015 - Por Frene, Lisandro / Liefeldt, Luciana

Today it was published in the Official Gazette the Regulation Nº 39/2015 issued by the Personal Data Protection Agency (“DNPDP”) which regulates and implements its new mechanism of inspections through electronic means regarding all sort of companies and/or people responsible for databases and/or subjects who treat personal data in any way. A few relevant aspects of the new Regulation:



Today it was published in the Official Gazette the Regulation Nº 39/2015 issued by the Personal Data Protection Agency (“DNPDP”) which regulates and implements its new mechanism of inspections through electronic means regarding all sort of companies and/or people responsible for databases and/or subjects who treat personal data in any way. A few relevant aspects of the new Regulation:

• The beginning of the inspection through electronic means shall be duly notified by the DNPDP to the subjects who will be inspected through conventional means (i.e. notices, information telegrams, administrative orders, pursuant to Section 41 of the Rules of Administrative Procedures). No communication shall be deemed duly notified if it is only sent by electronic means.

• Once the initial notice is received, the subject responsible for the database shall have 10 business days to respond as required “using the telematics means established to that effect”. This is the main change brought by the Regulation.


• The Regulation does not expressly state:

(iv) which documents/information shall be required (it is reasonable to infer that it will be the same as required in “in situ” inspections, pursuant to Regulation Nº 3/2012);
(v) if the subject responsible for the database can choose to respond the requirement by physical means (i.e. paper and/or magnetic media) or if it is mandatory to respond through electronic means;
(vi) if the inspection through electronic means replaces the “in situ” inspection.

• Failure to comply with the requirement issued under this new electronic procedure is considered as a serious infringement under Regulation Nº 9/2015.

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