The Role of Legal in the End-of-Life Cycle: Minimum Controls to Avoid Liability

Introduction

The legal department plays a crucial role in managing the end-of-life cycle of equipment and devices, ensuring legal compliance and mitigating risks related to liability. The absence of adequate legal controls may result in significant penalties, impacting the reputation and sustainability of the process.

Applicable Regulation

Understanding current regulations is fundamental for defining the necessary minimum controls. Notable are Law No. 12.305/2010, which establishes the National Solid Waste Policy (PNRS), and Decree No. 10,936/2022, which regulates specific aspects of the electronic waste life cycle within the scope of the National Information System on Solid Waste Management (SINIR) (sinir.gov.br).

Essential Legal Controls

To avoid liability, the legal department must ensure the existence and proper documentation of:

• Formal contracts with service providers that prove the environmentally appropriate disposal of waste;
• Defined internal procedures for the separation, storage, and internal transportation of end-of-life materials;
• Records and proof of disposal and/or reuse, aligned with the requirements of competent authorities;
• Compliance with data protection legislation regarding the secure de-characterization of media, such as hard drives and digital media (sanitize media disposal).

Responsibilities and Legal Risks

Non-compliance with legal obligations may result in:

• Administrative fines imposed by environmental and regulatory bodies;
• Civil and criminal liability of administrators and managers;
• Damage to institutional image resulting from practices considered illicit or irresponsible;
• Compromise of international certifications and commercial relations.

Practical Implementation of Controls

It is recommended to establish periodic internal audits to validate compliance with the end-of-life cycle. Furthermore, the legal department should keep regulatory analysis updated according to legislative changes and administrative decisions.

Support in reverse logistics, combined with qualified governmental and private platforms, also ensures the necessary traceability and transparency. For scheduling the collection of obsolete electronic equipment, use specialized services, such as via electronic waste collection.

Conclusion

The legal department must integrate into the end-of-life cycle process with robust minimum controls, promoting legal compliance and avoiding liabilities that may compromise operation and environmental governance.