Corporate Disposal and Data Protection: Limits, Obligations, and Risks for the Board

Introduction

The disposal of equipment and digital media in corporate environments involves significant risks to data protection and requires compliance with legal limits and obligations, especially for board members. Proper management of this waste is essential to mitigate legal risks and ensure compliance with current legislation.

Legal limits on the disposal of digital waste

The proper treatment of electronic devices must comply with the National Solid Waste Policy (Law No. 12,305/2010), regulated by Decree No. 7,404/2010, which establishes guidelines for the environmentally appropriate management and final destination of waste. Additionally, the National Information System on Solid Waste Management (SINIR), accessible at snis.gov.br, guides and controls the flow of these materials.

For board members, it is essential to understand the limits imposed by environmental and data protection legislation, which include joint liability in the disposal chain and obligations regarding monitoring the practices adopted within the organization.

Data protection obligations in disposal

According to the General Data Protection Law (LGPD – Law No. 13,709/2018), the elimination of personal data must be carried out securely to prevent unauthorized access, leakage, or improper reuse. Article 46 of the LGPD mandates that the controller must adopt security, technical, and administrative measures capable of protecting personal data.

Regarding devices, HD and digital media sanitization ensures the irreversible destruction of data, being a recommended procedure aligned with best information security practices. This practice must be formally documented for audits and compliance verification.

Risks for the board of directors

Non-compliance with environmental and data protection regulations can result in civil and criminal liabilities for board members, as provided in the Civil Code (arts. 159 and 927) and the LGPD. Negligence in controlling disposal can lead to fines, lawsuits, and significant reputational damage.

Besides legal risks, there is exposure to operational problems, such as breaches and leaks of confidential data, which can harm corporate governance and business sustainability.

Best practices for disposal and data protection

• Implement clear internal policies for safe and sustainable disposal;
• Hire specialized and certified providers for transportation and final destination;
• Carry out scheduled electronic waste collection to ensure proper handling;
• Adopt sanitization and media destruction processes with full documentation;
• Train teams on applicable environmental and data protection regulations;
• Record audits and periodic assessments to ensure compliance.

Final considerations

Responsible disposal and data protection are elements that directly impact corporate governance and legal compliance of organizations. Board members must act proactively to mitigate risks, ensure legal obligations, and promote environmental and informational sustainability of operations.