Corporate IT: How to Reduce Legal Risk in Equipment Disposal

Introduction

Inadequate disposal of information technology (IT) equipment involves significant legal risks, especially in corporate environments. Brazilian legislation sets specific standards for the responsible management of electronic waste, aiming at environmental protection and the security of corporate information. This article addresses recommended practices and legal provisions to minimize legal risks in the disposal of such equipment.

Applicable Legislation for IT Equipment Disposal

The National Solid Waste Policy (Law No. 12,305/2010) is the main legal framework regulating the proper management of waste, including electronic waste. Article 33 of this law imposes shared responsibilities, establishing that waste generators must correctly dispose of waste in accordance with technical and environmental standards.

Furthermore, Decree No. 10,936/2022 further regulates the obligations concerning the management of electronic waste, emphasizing the need for environmentally appropriate disposal as established by the National Information System on Solid Waste Management (SINIR) (sinir.gov.br).

Legal Risks Involved in Improper Disposal

Improper disposal can result in administrative fines, activity embargoes, and civil or criminal liability, according to Article 60 of Law No. 9,605/1998 (Environmental Crimes Law). In addition to environmental damage, there is the risk of violation of sensitive data stored on equipment such as hard drives (HDs) and digital media, which impacts the General Data Protection Law (LGPD, Law No. 13,709/2018).

Best Practices to Minimize Risks

1. Environmentally Appropriate Disposal: Partnering with specialized services for electronic waste collection ensures compliance with environmental requirements. These services guarantee that equipment is routed for recycling, reuse, or final disposal according to current regulations.

2. Secure Data Sanitization: Equipment containing sensitive information should undergo technical data elimination procedures, such as approved HD sanitization methods. Specialized services offer certified processes to definitively remove stored information, contributing to compliance with the LGPD (secure HD sanitization).

3. Documentation and Evidence: Keeping detailed records of the disposal and sanitization processes is essential to demonstrate compliance before regulatory bodies and internal auditors, avoiding penalties.

Technical and Regulatory Considerations

Technical standards from the Brazilian Association of Technical Standards (ABNT), such as NBR 16001 (for sustainability in waste management), and guidelines from the U.S. National Institute of Standards and Technology (NIST) through document NIST SP 800-88, provide guidance for the secure and certified destruction of data stored on electronic media (NIST SP 800-88).

Adopting these practices and regulatory compliances minimizes technical and legal risks in the disposal of corporate IT equipment.

Conclusion

Reducing legal risks in the disposal of corporate IT equipment requires strict adherence to environmental and data protection legislation. The use of specialized services for collection and sanitization, combined with thorough documentation, constitutes the best practice to avoid legal sanctions and protect digital assets. Incorporating these measures is essential for responsible and sustainable IT governance.