The Legal Risks of Informal Disposal of Corporate Electronics and How to Mitigate Them

Introduction

The informal disposal of corporate electronics presents significant legal risks, imposing legal and environmental consequences. This article addresses the main legal obligations and the measures decision-makers must adopt to mitigate these risks, ensuring compliance with current legislation and the security of information.

Legislation Applicable to the Disposal of Electronic Equipment

In Brazil, the proper management of electronic waste is regulated by Federal Law No. 12,305/2010 (National Solid Waste Policy - PNRS), which governs waste management and holds waste generators responsible for the correct disposal of these materials.

Furthermore, the National Information System on Solid Waste Management (SINIR), established by Decree No. 10,936/2022, aggregates information for monitoring, reinforcing the need for traceability and transparency in disposal.

Legal Risks Associated with Informal Disposal

Improper disposal of electronics generated within the corporate environment can lead to administrative, civil, and criminal penalties, as provided in Article 54 of Law No. 12,305/2010. This includes heavy fines, reparatory actions for environmental damage, and, in extreme cases, criminal liability for pollution.

Additionally, informal disposal may involve violations of data protection regulations, especially when it involves media containing sensitive information, implying risks of leakage and undue exposure, constituting a breach of the General Data Protection Law (LGPD - Law No. 13,709/2018).

Risk Mitigation: Best Practices in Electronic Waste Management

To avoid legal implications, it is essential to adopt formal and documented procedures for electronic disposal. This includes entering into contracts with specialized operators who guarantee collection, transportation, and environmentally appropriate final disposal.

The use of certified services for electronic waste collection is recommended, ensuring compliance with legislation and traceability of the waste.

In the specific case of media containing sensitive data, such as hard drives and other storage devices, the adoption of technical destruction and sanitization processes is essential to mitigate leakage risks. In this regard, priority should be given to specialized services in electronic media sanitization with technical proof and certification.

Responsibilities and Documentation

Recording all disposal procedures and maintaining up-to-date documentation is crucial to demonstrate compliance before regulatory bodies, such as CETESB and other state environmental agencies.

In the event of inspection, the absence of documentary proof may aggravate penalties and strengthen legal liability.

Conclusion

Strict attention to legislation and the technical management of electronic waste is essential to avoid legal sanctions and protect the integrity of corporate data. The adoption of structured practices and the hiring of specialized services enable effective mitigation of the legal risks associated with informal disposal.