CPDP LatAm 2025

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Publications - 2025

On data protection, data taxation and data equity: balancing value, risks and obligations - cover
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On data protection, data taxation and data equity: balancing value, risks and obligations

This paper critically analyzes the persistent inadequacy of current tax regimes in capturing the economic value of data, despite its frequent characterization as “the new oil,” “a new asset class,” and “the most valuable resource.” Contemporary digital services taxes (DSTs) focus mainly on revenues from services built on data processing, such as online advertising and digital intermediation, but these measures are largely ineffective and limited in scope. A significant concern is that the extraction and exploitation of vast data volumes from global majority countries by multinational technology corporations remain untaxed, even though such data—especially high-quality local datasets used for AI training—generate substantial value. This creates a large untaxed intangible asset class, undermining fair taxation and fiscal sovereignty. Moreover, innovations derived from data processing, often protected by intellectual property rights domiciled in low-tax jurisdictions, escape appropriate taxation.

The paper argues that tax authorities currently fail to tax both the raw data and the innovations it enables, focusing instead on limited end-user digital services, which contradicts fundamental principles of nexus and value creation in international tax law and facilitates base erosion and profit shifting. Additionally, current tax frameworks do not incentivize compliance with national data protection and information security laws, allowing large data-intensive firms to externalize social and regulatory costs while benefiting from a triple tax exemption. The paper concludes by calling for comprehensive reforms that recognize data as a taxable intangible asset and align taxation with the economic value and social costs of data extraction, emphasizing progressive measures targeting the largest data consolidators to ensure data equity and uphold tax system integrity. Lastly, the paper distills the ideas debated into a “Proposal for a Framework to Tax Data as an Intangible Asset for Large Extractive Tech Companies.”

Danilo Doneda Awards - 2025

The Scientific Committee of CPDP LatAm will award the “Danilo Doneda Award” for the best interdisciplinary work. The winners will be announced at the opening of CPDP LatAm 2025.

We thank the award evaluators: Gianclaudio Malgieri, Chiara Gallese, Nicolo Zingales, Guilherme Mucelin, Guilherme Magalhães Martins, and Daniela Copetti Cravo.

Publications - DF&J & IDPL

Revista Brasileira de Direitos Fundamentais e Justiça

International Data Privacy Law

Publications - 2024

International Transfer of Personal Data in Latin America

The rapid advancement of digital technologies has transformed the way personal data is collected, processed, and transferred across borders, presenting both opportunities and challenges for individuals, businesses, researchers, and governments around the world. This book aims to provide an initial analysis of the complex—yet increasingly convergent—landscape of personal data transfers in Latin America, shedding light on evolving challenges, regulatory responses, and potential shared solutions that may shape this crucial aspect of data governance at the regional level.

This volume explores the significance of international personal data transfers, which manifest in various areas of our economies and societies, from research and development to e-commerce and the implementation of artificial intelligence systems. International personal data transfers also pose challenges in terms of privacy and information security. Therefore, regulatory frameworks, contractual instruments, and international agreements are necessary to ensure the protection of personal data and the privacy of individuals in the context of cross-border data flows.

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In its fourth edition, CPDP LatAm will have as its theme “Data Governance: from Latin America to the G20”. In this sense, a Call for Papers was carried out within the scope of the Conference that sought to gather works that approached the topic through different perspectives. Contributions in English were compiled in an edition of the International Review of Law, Computers & Technology; contributions in Portuguese and Spanish were compiled in a special edition of the Revista Brasileira de Direitos Fundamentais e Justiça.

In addition, this year we are publishing a position paper bringing forward a proposal for an Inter-American Convention on the Processing of Personal Data, Informational Self-Determination and Circulation of this Information. Click the button below to read it and give your feedback:

Read this year's position paper

Revista Brasileira de Direitos Fundamentais e Justiça: Volume 22

International Review of Law, Computers & Technology

Publications - 2023

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Luca Belli, Ana Brian, Jonathan Mendoza, Pablo Palazzi, Nelson Remolina. (2023) Hacia un modelo latinoamericano de adecuación para la transferencia internacional de datos personales. Discussion paper presentado en la CPDP LatAm 2023 para recibimiento de comentarios. La versión consolidada de este trabajo será publicada en “Protección de Datos personales: Doctrina y Jurisprudencia. CETYS, CDYT, 2023, Buenos Aires”.

Revista Brasileira de Direitos Fundamentais e Justiça: Volume 20

International Review of Law, Computers & Technology

DANILO DONEDA AWARD 2022

The CPDP LatAm Executive Team and Scientific Committee are pleased to announce the first edition of the Danilo Doneda Award to reward the best interdisciplinary paper among the annual publications of CPDP LatAm, honoring one of the main founders of the Computers Privacy and Data Protection Conference Latin America (CPDP LatAm), Prof. Danilo Doneda, pioneer and protagonist in data protection studies in Brazil. In 2022, the award sought to honor relevant productions in the data protection field, written in the scope of the last edition of CPDP LatAm, themed after “Artificial Intelligence and Data Protection in Latin America”. 

Danilo was a key figure in the process of drafting the current existing regulations for data protection in Brazil, such as the LGPD. The award in his honor seeks, therefore, to identify articles that are aligned with the values he sought to promote throughout his career.

  • Best interdisciplinary article:
 
  • Two awarded finalists:
The Thin Red Line: Refocusing Data Protection Law on ADM, A Global Perspective with Lessons from Case-Law – Katerina Demetzou, Gabriela Zanfir-Fortuna & Sebastião Barros Vale

Can legitimate interest be an appropriate lawful basis for processing Artificial Intelligence training datasets? – Pablo Trigo Kramcsák

The CPDP LatAm Executive Team and Scientific Committee would like to thank the invited jury reviewers: Caitlin Mulholland, Chiara de Teffé, Glória González Fuster, Irene Kamara, Jacqueline Abreu, Marcelo Crespo, and Raphael Gellert.

PUBLICAtions - 2022

In its second edition, CPDP LatAm’s theme was “Artificial Intelligence and Data Protection in Latin America”. In this sense, a Call for Papers was opened, aiming to gather papers that approached this theme from different perspectives. English contributions were assembled in a special edition of the Computer, Law and Security Review; contributions in Portuguese and Spanish were assembled in a special edition of the Revista Brasileira de Direitos Fundamentais e Justiça. Check below:

Revista Brasileira de Direitos Fundamentais e Justiça: Volume 16, Edição Especial, 2022

Computer Law and Security Review: Special Issue “Artificial Intelligence and Data Protection in Latin America”

AWARDS - 2021

Awards for the special call for papers “Data Protection in Times of Social Emergency: COVID-19, Democracy, Innovation and Regulation in Latin America”

As indicated in our call, our review team selected for special awards the best interdisciplinary article and the two finalists. The awardees were as follows:

  • Best interdisciplinary article:

Sacha Alanoca, Nicolas Guetta-Jeanrenaud, Isabela Ferrari, Nyasha Weinberg, R Buse Çetin, Nicolas Miailhe. Digital contact tracing against COVID-19: a governance framework to build trust.

  • Two awarded finalists:

Danielle Mendes Thame Denny, Emre Kazim and Adriano Koshiyama. Covid-19 Data Catalog: Transparency, Innovation and Social Commitment.

Marco Almada, Juliano Maranhão, Voice-based diagnosis of covid-19: ethical and legal challenges.

Publications - 2021

“Proteção de Dados na América Latina: Covid-19, Democracia, Inovação e Regulação” (Data Protection in Latin America: Covid-19, Democracy, Innovation and Regulation

The Covid-19 pandemic affected the world and the way we live in multiple ways. At the same time, it was accompanied by an infodemia whose fight is also the responsibility of academia in its different sectors. This book seeks to fulfill this purpose, organizing and supporting scientific production on the protection of privacy and personal data at this time of social emergency. Edited in partnership with FGV Direito Rio and CPDP Latam – a Latin American platform for discussing privacy, data protection and technology -, the work features works by researchers who analyze, under different aspects, the impact of the pandemic in Latin countries data protection, given the institutional and enforcement challenges that make their extensive data collection a regulatory, social and political conundrum.

In July 2021, Fundaçao Getulio Vargas Law School will host the first Latin-American edition of the Computers, Privacy and Data Protection Conference (CPDP LatAm). 

In preparation for CPDP LatAm 2021, a call for rapid response papers was launched to foster research on “Data Protection at a Time of Social Emergency: COVID-19, Democracy, Innovation and Regulation in Latin America”. 

We received 107 submissions, the CPDP LatAm team selected a few for publication on special issues of the Journal of International Data Privacy Law published by Oxford University Press (IDPL; English papers) and of the Brazilian Journal of Fundamental Rights and Justice (DF&J; papers in Portuguese and Spanish). The selected papers, presented below, cover a broad gamut of subjects.

Papers selected for the IDPL special issue:

Papers selected for the DF&J special issue (which can be accessed here):

In addition to the two special issues, due to the considerable number of high quality papers we received in response to the call, the CPDP LatAm team has decided to publish an official CPDP LatAm compilation which will be launched during CPDP LatAm 2021, in July 2021. Find below a tentative summary of this publication:

  • An introduction to data protection in Latin America: between pandemic, technology and rights.
  • The effectiveness of the fundamental right to the protection of personal data in times of epidemiological “exceptionality”.
  • Right to health and right to protection of personal data in times of pandemic.
  • Coping with disinformation in Brazil: a critical analysis of bills motivated by the COVID-19 pandemic.
  • Facing the pandemic and protecting data: decolonized privacy.
  • Limits to the use of sensitive personal data in actions to contain the COVID-19 pandemic: the alleged dichotomy between the right to privacy and access to health in the Brazilian and international experience.
  • The COVID-19 pandemic and the protection of personal data of couriers via digital platforms in Brazil: essential activity, working conditions and consent.
  • The Uruguayan data protection system against COVID-19.
  • The challenges of Open Data in the pandemic period: open science in the face of data monetization.
  • Moral and legal principles applied to robotics: the collection and use of data and artificial intelligence and decision-making based on artificial intelligence in times of epidemics.