Compliance no tabelionato de notas: análise sob a perspectiva da proteção de dados

Abstract

The social search for transparency and integrity in the market has shown strong growth in the Brazilian business environment. The need for organization, prevention, and internal control of institutions, together with the growing appreciation of companies that maintain a good reputation with consumers, has increased interest in the adoption of tools that enhance compliance. This phenomenon gave rise to the questioning of how to build effective compliance programs to establish standards of conduct within organizations. In addition, it triggered an exponential increase in concern about the processing of personal data by companies and extrajudicial services – notary and registry. Although, technically, it is not framed in the concept of a company, the notary public is an institution that operates in a very similar way to one. The scope of this research is to approach the theme of compliance applied to the notary public from the perspective of data protection, which will be carried out through the deductive method. The procedure adopted was the monographic. The research technique used was qualitative and bibliographic research. Initially, it will deal with the notarial activity from the perspective of the economic analysis of Law, starting from the study of the bases of Law and Economics, until the analysis of the role of Notary Public in the economic sphere. Also, the issue of compliance in the notary service will be addressed, in a special way, identifying the elements to be considered when preparing the compliance plan. It will then deal with data protection within the scope of the Notary Public's Office, which covers both the General Data Protection Law, Law nº 13.709/2018, and the state provisions of the General Justice Department that regulate the matter in the extrajudicial context. Finally, as a product of this research, a compliance program applied to notary activity will be presented, so that it can help notary services in their process of adapting to data protection standards.