Need top-notch LGPD compliance software? Feeling overwhelmed by choices? We’ve got great news — your search has come to an end.
Navigating the complexities of Brazil’s Lei Geral de Proteção de Dados (LGPD) can be challenging. However, outsourcing compliance to an effective provider reduces risk and offers a cost-efficient solution.
This article will walk you through the LGPD’s provisions and its significance today. We’ll then present our top choices for LGPD compliance software and key features to consider during selection.
Let’s dive in!
Key Takeaways
The LGPD is Brazil’s data privacy law that strengthens consumer privacy rights and imposes strict data processing obligations on businesses.
Leading software providers like Captain Compliance, OneTrust, and TrustArc offer unique features and capabilities for achieving LGPD compliance.
When choosing an LGPD compliance software, consider features like reputation, data security, customization options, and user-friendly interface for the most effective results.
Understanding Brazil’s LGPD: The Basics
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The LGPD is a comprehensive data protection law that was passed by the Brazilian legislature in 2018 and took full effect in September 2020.
Brazil’s LGPD is notably inspired by the EU’s General Data Protection Regulation (GDPR). However, the LGPD differs from the GDPR significantly, and complying with one law doesn’t guarantee compliance with the other.
At its core, the LGPD is designed to uphold the privacy rights of Brazilians by regulating the collection and processing of their personal data. It grants consumers greater privacy controls while requiring businesses to be responsible for customers’ data through transparency and accountability.
LGPD compliance isn’t just a legal requirement, it’s an essential strategic move. Fines for non-compliance can be substantial, and the reputational damage can be more severe.
To give you a practical idea of your obligations, LGPD compliance typically involves the following steps:
Observe the LGPD’s data processing principles
Maintain a privacy policy that complies with the LGPD’s provisions
Adhere to the LGPD’s consent standards
Implement adequate security measures to protect consumers’ personal data
Set up a data breach notification system
Consider international data transfer safeguards (if applicable)
Be ready to facilitate LGPD subject access requests so consumers can exercise their rights
Consumer Rights Under the LGPD
The LGPD grants consumers in Brazil a set of robust data privacy rights, reinforcing their control over their personal data.
Here are the key rights afforded by LGPD and what they mean for your business:
Right to confirm and access: Consumers have the right to verify if you process their personal data and, if so, request access to it. This means you need to establish a system to quickly and efficiently respond to data subject access requests.
Right to rectify: Consumers can request corrections to their inaccurate, incomplete, or outdated personal data, and you must promptly address these inaccuracies.
Right to delete: Also known as the “right to be forgotten,” this right allows individuals to request the erasure of their data under certain circumstances. That said, it’s a best practice only to keep data you truly need and can justify.
Right to data portability: Consumers should be able to request their data in a structured, commonly used, machine-readable format to transfer to another service provider.
Right to object: Consumers should be able to object to the processing of their data for specific purposes, especially for direct marketing. You, in turn, must respect these objections and promptly stop personal data processing for those purposes.
Right to file a complaint: Consumers have the right to file a complaint with the Brazilian National Data Protection Authority (ANPD) if they believe that their data has been processed in violation of the LGPD.
Rights relating to automated processes: This right applies if you’ve made a significant decision that affects consumers’ interests (e.g., a loan application) using an entirely automated system such as a computer or algorithm. In these cases, consumers can request human intervention to review the decision.
What is the Scope of Brazil’s LGPD?
The LGPD casts a pretty wide net thanks to its extraterritorial scope. In other words, the law can apply to organizations worldwide, even if they aren’t physically present in Brazil.
Notably, the LGPD doesn’t discriminate based on size, revenue, or sector (public and private). It applies if any of the following is true:
Your business is located in Brazil
You collect or process the personal data of Brazilians, or your business activities have a significant effect on them
You offer products or services to Brazilians
Your business has a subsidiary or employees in Brazil
You work with a data processor (i.e., a third-party service provider) located in Brazil
To put this in context, an e-commerce retailer based in California that sells products or services to Brazilians through its website will be subject to the LGPD.
Similarly, a video game company in Florida with a payment processor in Brazil will be covered by the LGPD.
8 Best LGPD Compliance Software
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To ensure LGPD compliance and thrive in a dynamic regulatory environment, it’s advisable to employ effective compliance software, ensuring compliance with the LGPD.
Below are the eight best LGPD compliance software available today:
Captain Compliance
Captain Compliance, our leading compliance software and concierge compliance solutions with a suite of robust features to comply with Brazil’s data privacy law effortlessly.
Here’s why Captain Compliance stands out:
Comprehensive LGPD Compliance: Captain Compliance provides a complete LGPD compliance solution, ensuring businesses cover all aspects of data processing protection, from consent management to breach response.
Personalized Solutions: Our solution offers customized compliance strategies, recognizing that each business has unique needs and challenges in complying with LGPD.
Expert Support: Captain Compliance offers expert guidance and support, ensuring businesses have relevant insights to navigate LGPD compliance effectively.
Efficient Data Management: We simplify data mapping, minimization, and subject request management, streamlining your compliance processes.
OneTrust
OneTrust is a widely recognized privacy management platform that offers a comprehensive collection of data privacy features and capabilities.
It provides customizable templates and workflows to help tailor compliance efforts in line with the LGPD requirements. This is all managed through a single platform on its Privacy and Data Governance cloud.
OneTrust also offers incident response capabilities and data mapping features, making it a versatile choice for businesses of all sizes.
TrustArc
TrustArc is another robust LGPD compliance solution known for its user-friendly interface. It simplifies the process of LGPD compliance with automated assessments, customizable reports, and continuous monitoring of data processing activities.
TrustArc also offers other relevant tools to ensure compliance with international data privacy laws, including Brazil’s data privacy law.
DataGrail
DataGrail is a top-tier data discovery and inventory platform that primarily helps businesses find and classify personal data. Its software integrates with various data systems, ensuring comprehensive coverage of data privacy needs.
DataGrail’s features include data mapping, data subject requests handling, and data breach notification – all critical elements to ensure LGPD compliance.
WireWheel
WireWheel is an excellent compliance software that offers a collection of privacy instruments to achieve LGPD compliance effectively.
Among other features, WireWheel offers privacy policy generation, data subject access request (DSAR) handling, and consent preference management.
Securiti.ai
Securiti.ai’s platform leverages artificial intelligence (AI) and automation to empower organizations to achieve LGPD compliance.
It offers many data protection features, including data discovery, data mapping, consent management, data subject requests, and automation of privacy-related processes.
Secure Privacy
Secure Privacy is another powerful cloud-based LGPD compliance software that helps businesses automate their compliance processes.
Its offerings include website and app compliance features, cookie management, data subject request handling, consent management, and more.
BigID
BigID offers comprehensive compliance solutions for various regulations, including LGPD, GDPR, CPRA, etc. In other words, it’s a versatile choice for businesses with global compliance needs.
BigID’s LGPD compliance software includes a unique consent management console, data discovery capabilities, risk assessment features, and a personal data governance program.
Key Features to Look for in LGPD Compliance Software
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When considering LGPD compliance software for your business, choosing a solution that aligns seamlessly with your data privacy needs is essential. After all, your choice of LGPD compliance software significantly impacts how effectively you manage data protection and mitigate risks.
To help you make an informed decision, here are eight key features you should look for in an effective LGPD compliance software:
Reputation
A good reputation reflects a commitment to data privacy excellence. Therefore, starting your selection process is important by evaluating the software provider’s reputation. Opt for well-established companies with a successful track record of delivering reliable compliance solutions.
Data Security
Your LGPD compliance software should offer robust data security features, including encryption, access controls, and data processing monitoring. It should also offer compliance with international data security standards like SOC 2 and ISO/IEC 27001.
User-friendly Interface
A user-friendly interface is crucial for the successful adoption of compliance software. Your team should be able to navigate the software intuitively, streamlining compliance efforts and reducing the risk of errors.
Customizability
Every business has unique data privacy needs. You’ll want software that allows you to customize policies, procedures, and workflows to align with your specific LGPD requirements.
Reporting and Analytics
Effective compliance relies on data insights. A good LGPD compliance software should provide robust reporting and analytics tools to help you track compliance status, identify risks, and make well-informed decisions.
Automated Compliance Checks
You can save time and reduce human error by choosing software that automates compliance checks. It should scan your data and processes for LGPD violations and generate alerts or reports for immediate action.
Crisis Management Plan
Data breaches are one of the most common and expensive cybersecurity incidents today. To guard against them, ensure your compliance software has crisis management capabilities. This feature helps you quickly detect and respond to breaches while adhering to the LGPD’s requirements for data breach notifications.
Integration Capabilities
Your LGPD compliance software should seamlessly integrate with your existing systems and software. Smooth integration simplifies data management and ensures compliance across all your data processing operations.
Next Steps
LGPD compliance is an opportunity to foster consumer trust and demonstrate your dedication to privacy in an increasingly data-driven world.
Now that you’ve gained insights into the best LGPD compliance software, it’s time to take action and ensure your business is fully equipped to comply with Brazil’s data privacy law.
At Captain Compliance, we understand the complexities of LGPD and the challenges of implementing compliance measures effectively. By partnering with us, you can rest easy knowing that your data privacy obligations are in expert hands.
Ready to start your journey toward compliance excellence? Get in touch today!
FAQs
Why is LGPD compliance software important?
LGPD compliance software helps businesses comply with the LGPD’s requirements through features like data mapping and discovery, consent management, security safeguards, risk assessments, and more.
Find out more about Data Protection Compliance Services
What are the penalties for non-compliance with the LGPD?
Non-compliance with the LGPD can result in severe penalties, including fines of up to 2% of a company’s revenue, with a cap of 50 million Brazilian Reais per violation (approximately $10 million or €9.3 million).
See also: CCPA Fines Overview
Is LGPD compliance software suitable for businesses of all sizes?
Yes, customizable LGPD compliance software is adaptable for businesses of all sizes. You can scale most compliance software to meet your organization’s specific needs and resources, whether you are a small startup or a large enterprise.
Learn more about Compliance Services
Can LGPD compliance software integrate with your existing systems?
Yes, it should. Effective LGPD compliance software seamlessly integrates with your existing software and systems. This leads to consistent data protection measures across your organization and simplifies compliance management.
