GENERAL LAW ON PERSONAL DATA PROTECTION AND THE INNOVATION LAW

A COMPARATIVE STUDY OF THE APPLICABILITY OF LEGAL RULES IN THE TECHNICAL COOPERATION AGREEMENTS OF A PUBLIC AGRICULTURAL RESEARCH COMPANY

Abstract

The objective of this study is to analyze the impact(s) the LGPD may have on technical cooperation agreements whose subject matter is covered by the Innovation Law. The work has a descriptive and bibliographical nature, intending to analyze the impacts that a constitutional guarantee law, and fundamental right, may have on matters of infraconstitutional order and private law on technical cooperation agreements existing in a public agricultural research company . To this end, some of the models of technical cooperation agreement instruments used and in force, signed up to the date of promulgation of the constitutional law, will be analyzed, analyzing the real needs to adapt to the new legal provision to maintain compliance and legal security. The study must also highlight the real needs for legal compliance with the instruments already signed between the parties, and whether these are subordinate to the provisions created later of a public nature. For the development of this work, the Administrative Contract Information System (SAIC) of the Brazilian Agricultural Research Corporation (Embrapa) was used to quantify the number of contracts in force and classify them into necessary conformities in accordance with the new law, supporting the community academic and technical aspects of the precautions that should be taken regarding the topic in question.