The Lei Geral de Proteção de Dados (LGPD) is Brazil’s comprehensive data protection law, similar to the EU’s GDPR. It governs the processing, collection, and storage of personal data within Brazil, establishing rights for individuals and responsibilities for organizations. LGPD applies to Brazilian companies and foreign entities that handle the data of Brazilian residents, emphasizing transparency, user rights, and data security.

• Consent and Transparency: Organizations must obtain explicit consent from individuals before collecting their personal data and provide clear explanations on how data will be used.
• Data Subject Rights: Individuals have the right to access, correct, and delete their personal data.
• Data Security and Privacy: Companies are required to implement security measures to protect data from unauthorized access, loss, or breaches.
• Data Processing Principles: LGPD mandates that data processing should follow principles like necessity, purpose, and transparency.
• Data Breach Notification: Organizations must report data breaches to the Brazilian Data Protection Authority (ANPD) and, in some cases, to the affected individuals.

The LGPD came into effect on September 18, 2020. Organizations processing Brazilian residents’ data must stay updated on guidelines and enforcement practices from the ANPD.

• Fines and Penalties: Non-compliance can result in fines of up to 2% of a company’s revenue in Brazil, capped at R$50 million per infraction.
• Legal Repercussions: Individuals and regulatory authorities may take legal action for data privacy violations.
• Reputational Harm: Non-compliance with LGPD can harm an organization’s reputation, especially among privacy-conscious consumers.
• Operational Disruptions: Addressing non-compliance issues can require costly and time-consuming adjustments to data practices.

• Market Access: LGPD compliance enables businesses to operate in Brazil’s market with confidence.
• Enhanced Data Security: Adhering to LGPD standards reduces the risk of data breaches and losses.
• Consumer Trust: Compliance with LGPD demonstrates a commitment to data privacy, enhancing customer relationships.
• Alignment with Global Standards: LGPD aligns with other global data protection laws, supporting multinational operations.