Legal Risks for Companies That Irregularly Dispose of Electronics

Introduction

Inadequate disposal of electronic equipment constitutes a violation of environmental and information security regulations. Organizations are subject to severe legal penalties, including fines, administrative sanctions, and civil and criminal liability.

Applicable Legislation

Decree No. 12,305/2010 established the National Solid Waste Policy (PNRS), which sets guidelines for the proper management of solid waste, including electronic waste. According to Article 33, environmentally proper unavailability implies responsibility for the correct management of waste.

Furthermore, the National Information System on Solid Waste Management (SINIR) complements control and monitoring by requiring transparency and accountability.

Environmental Risks and Penalties

Irregular disposal can cause soil and water contamination due to the presence of heavy metals and toxic substances. The Environmental Company of the State of São Paulo (CETESB) warns about the seriousness of these practices.

Foreseen penalties include administrative fines, suspension of activities, and even operational embargoes, according to current environmental legislation.

Legal and Criminal Liability

Law No. 9,605/1998, known as the Environmental Crimes Law, defines sanctions for environmental violations, including illicit disposal of electronic waste. There may be personal liability of managers and applicability of detention and fines.

Information Security and Data Risk

Disposing of equipment without proper data sanitization can compromise confidential and strategic information, creating risks of data leaks and legal consequences associated with the General Data Protection Law (Law No. 13,709/2018).

To minimize this risk, it is recommended to perform secure sanitization of electronic devices before final disposal.

Best Management Practices

Scheduling specialized collection is one of the best ways to ensure legal and environmental compliance. Through electronic waste collection scheduling, it is possible to ensure proper forwarding for recycling or final disposal.

Conclusion

Irregular disposal of electronic equipment exposes organizations to significant legal and environmental risks. Compliance with legislation and the adoption of appropriate disposal measures are essential to mitigate these vulnerabilities.