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.
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:
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:
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- Correction of inaccurate or outdated data.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).
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:
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.
