LGPD Compliance Guide

Lei Geral de Proteção de Dados - Brazil's comprehensive data protection regulation for personal data processing

Brazil Compliance
Data Protection
Privacy Rights
Personal Data
About LGPD

The Lei Geral de Proteção de Dados (LGPD) is Brazil's comprehensive data protection law that came into effect in September 2020. It regulates the processing of personal data by public and private entities, establishing rights for data subjects and obligations for data controllers.

Effective Date

September 18, 2020

Scope

All personal data processing in Brazil

Max Penalty

R$ 50 million or 2% of revenue

LGPD Principles

Purpose

Data processing must have a legitimate, specific, explicit and informed purpose

Adequacy

Processing must be compatible with the purposes informed to the data subject

Necessity

Processing limited to the minimum necessary to achieve its purposes

Free Access

Data subjects must have easy and free access to their personal data

Data Quality

Ensure accuracy, clarity, relevance and updating of data

Transparency

Clear, accurate and easily accessible information about processing

Security

Technical and administrative measures to protect personal data

Prevention

Adoption of measures to prevent damage due to personal data processing

Non-discrimination

Processing cannot be carried out for unlawful or abusive discriminatory purposes

Accountability

Demonstration of compliance with data protection measures

Data Subject Rights

Individual Rights Under LGPD
Data subjects have comprehensive rights regarding their personal data
Confirmation of processing existence
Access to personal data
Correction of incomplete, inaccurate or outdated data
Anonymization, blocking or deletion of unnecessary data
Data portability to another service provider
Deletion of personal data processed with consent
Information about public and private entities with shared data
Information about the possibility of not providing consent
Revocation of consent

Implementation Roadmap

1
Assessment & Mapping
  • Conduct comprehensive data mapping
  • Identify legal bases for processing
  • Assess current privacy practices
  • Document data flows and transfers
2
Governance & Policies
  • Appoint Data Protection Officer (DPO)
  • Develop privacy policies and procedures
  • Create consent management processes
  • Establish data subject rights procedures
3
Technical Implementation
  • Implement privacy by design
  • Deploy data security measures
  • Create data subject request portals
  • Establish breach notification systems
4
Training & Monitoring
  • Train staff on LGPD requirements
  • Implement ongoing monitoring
  • Conduct regular privacy audits
  • Maintain compliance documentation

Key Differences from GDPR

LGPD Specifics
Broader definition of sensitive data
Different legal bases for processing
Specific provisions for public sector
National Data Protection Authority (ANPD)
Compliance Considerations
Different consent requirements
Specific data localization rules
Different breach notification timelines
Unique enforcement mechanisms

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