Legal Risk in the Informal Chain: Why the C-Level Cannot Delegate the End of Life of IT

Contextualization of Legal Risk in the Informal IT Chain

The end of the life cycle of technological assets involves substantial legal risks, especially when carried out through the informal chain. The legal and compliance responsibility of C-Level leadership cannot be transferred, as negligence may result in fines, administrative sanctions, and reputational damage according to current legislation.

Legal Standards Applicable to the Disposal of IT Equipment

According to Law No. 12,305/2010, which establishes the National Solid Waste Policy, there is an obligation for environmentally appropriate disposal of waste, including electronics. Non-compliance with these provisions may result in penalties provided for in article 54 and following articles of the same law.

Implications of Using the Informal Chain for IT End-of-Life

Using informal networks for the disposal and recycling of technological assets exposes the organization to risks of violating environmental legislation and personal data protection, as established by the General Data Protection Law (LGPD - Law No. 13,709/2018). Improper handling of devices may lead to leakage of sensitive information, generating direct legal impact.

Responsibility of Senior Management in Electronic Waste Management

Executive leadership must ensure processes that guarantee regulatory compliance by adopting certified and transparent electronic disposal practices. Unrestricted delegation of this cycle to third parties without robust control is not advisable, mitigating legal and reputational risks.

Recommended Procedures for Safe Disposal and Sanitization

For electronic disposal with guaranteed compliance and security, it is recommended to hire specialized services for electronic waste collection and for secure sanitization of hard drives and media. Such procedures ensure data integrity and compliance with environmental legislation, avoiding exposure risks and legal liabilities.

Conclusion

IT end-of-life cannot be delegated without proper control and governance, under significant legal risk. C-Level leadership must ensure transparent, environmentally responsible processes in compliance with Brazilian legislation to protect the organization from legal implications and preserve institutional integrity.