Extraterritorial Jurisdiction
- The LGPD has robust extraterritorial reach, applying to any organization processing data of Brazilian individuals, irrespective of the organization’s location.
Key Definitions
- Personal Data: Information about an identified or identifiable natural person.
- Sensitive Personal Data: Includes data on racial or ethnic origin, religious beliefs, political opinions, trade union affiliation, health, sexual orientation, genetic and biometric data, and other categories prone to higher risk if misused.
Comprehensive Processing Definition The LGPD defines data processing extensively, encompassing nearly all operations involving personal data, such as collection, storage, modification, sharing, and deletion.
Legal Bases for Processing The LGPD requires organizations to have a clear legal basis for processing data. It recognizes ten legal bases, including:
- Explicit consent.
- Compliance with legal obligations.
- Contractual execution.
- Legitimate interests balanced with individual rights.
- Protection of health or judicial requirements.
Extensive Rights for Data Subjects The LGPD grants nine enforceable rights to individuals, emphasizing transparency and control:
- Confirmation of processing activities.
- Access to personal data.
- Correction of inaccurate or outdated data.
- Anonymization, blocking, or deletion of unnecessary data.
- Portability of data to another provider.
- Revocation of consent.
- Information about entities with which data is shared.
- Awareness of the consequences of denying consent.
Mandatory Data Protection Officer (DPO) Organizations must appoint a DPO to ensure LGPD compliance, handle data subject requests, and act as a liaison with Brazil’s National Data Protection Authority (ANPD).
National Data Protection Authority (ANPD)
- The ANPD oversees LGPD enforcement, provides guidance, and has the authority to issue sanctions.
- Administrative penalties include fines up to 2% of the company’s revenue in Brazil, capped at R$50 million per infraction.
Exemptions The LGPD applies strictly, but it includes limited exemptions for:
- Personal or household activities.
- Artistic, journalistic, academic, or literary purposes.
- Public security, national defense, or criminal investigations.
- Anonymized data that cannot identify individuals.
The LGPD stands out for its rigorous requirements and broad applicability, positioning Brazil as a leader in data protection. Its alignment with global standards, coupled with its strict enforcement mechanisms, underscores the importance of compliance for organizations processing Brazilian data.
LGPD (Lei Geral de Proteção de Dados) compliance refers to adhering to the data protection regulations outlined in Brazil’s privacy law.
It is crucial as it safeguards individuals’ personal data rights, fosters trust in businesses, and prevents misuse of sensitive information in the digital age.
However, compliance laws and regulations are often more complex than many people realize, with lots of complicated jargon and nuances.
LGPD gives you just 15 days to respond to any data requests, so you need to ensure you have your house in order to find that information quickly or risk a serious penalty.
That’s where we can help.
Our experts have crafted a collection of articles regarding LGPD mandates, breaking down the jargon and helping you ensure your brand is compliant.
Dive into the articles below to safeguard your business and ensure the security of your clients:
Start Here
If you’re just getting started with LGPD compliance, here are a few articles that will help you better understand the regulatory obligations your company faces and how to ensure you are complying with them:- LGPD Data Subject Rights: A Comprehensive List of Individual Rights
- Brazil LGPD vs GDPR: What Are The Differences?
- LGPD DPO Requirements: Guide to Brazilian Data Protection Law
Most Popular LGPD Article
For many international businesses, they might believe that being compliant with one country’s regulations ensures they are also compliant abroad, but this is not the case. Our compliance experts created a detailed breakdown of the key differences between GDPR regulations and LGPD compliance to highlight what you need to do to ensure you are compliant across every country.Explore More Resources
For any organization looking for more comprehensive advice on how to comply with the requirements of the California Privacy Rights Act (CPRA), our team has created a range of resources and articles on our website to help provide helpful information. From understanding specific rights to comparing the CPRA with related laws, we have it all here: For any company trying to gain a deeper understanding of LGPD compliance, our team of compliance experts have curated a variety of resources and articles to provide you with all the information you need. From highlighting and explaining specific LGPD requirements to detailed compliance comparison articles, all the essential information is available at your fingertips.- LGPD Fines: What Are the Fines & How to Avoid Them?
- Data Mapping LGPD: A Detailed Guide
- LGPD Cookies: Are They Required & How to Comply?
- Best LGPD Compliance Software: Which is Ideal for Your Business
- Data Discovery LGPD: Protect Customer’s Data & Stay Complaint
- GDPR vs CCPA vs LGPD: What Are the Differences?
- LGPD Data Transfer: Requirements & Best Practices for Businesses
