'Most Innovative Startup 2020' by RSA - Watch the video
Learn More
To ensure that consumers get greater control and protection of their personal data, on 25 May 2018, the European Unions General Assembly put the General Data Protection Regulation into effect. In August 2018, the Brazilian government approved its data protection law named Lei Geral de Proteção de Dados Pessoais (LGPD).
Although GDPR and LGPD are closely related (so much so that the LGPD has been dubbed “The Brazillian GDPR”), in purpose and mechanics there are a few key differences that separate the two. Here are some of the key differences between the two laws when it comes to scope, rights and enforcement.
Both GDPR and LGPD apply to companies that collect and process personal data belonging to the residents in the EU and Brazil respectively, irrespective of the physical presence of the company. Here is a more in-depth comparison between the two regulations:
Article 1-5
LGPD does not explicitly state whether or not it applies to natural persons irrespective of their nationality or place of residence. However, by way of interpretation of both LGPD and the Brazilian Federal Constitution, it can be inferred that the protection under law applies to personal data of any person, irrespective of the nationality of the data subject.
Moreover, Article 3 of the LGPD provides that the law applies where
Articles 3, 4(1) Recitals 2, 14, 22-25
GDPR “applies to natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data.”
With regards to extraterritorial scope, GDPR applies to organizations that are not established in the EU, but rather monitor the behaviour of individuals, as long as their behaviour takes place in the EU.
Both regulations give consumers rights relating to their personal information which they can exercise. The following section explains each right and how they differ across the two laws.
Data subjects have the right to the deletion of their personal data being processed based upon consent.
A data subject must exercise their right to deletion via express request.
Once this is done, data controllers must “immediately” collect all the data and fulfill the deletion request. If this is not possible, the controller must:
Data subjects' requests under the right to deletion must be responded to without delay and in any event within 1 month of the receipt of the request.
The deadline can be extended to 2 additional months where there is great complexity or depending on the number of requests. In any of these cases, the data subject must be notified of any such extension within one month of receiving the request, along with the reasons for the delay and the possibility of complaining with the supervisory authority.
This right requires the controller to provide the following information to the data subject when requested. The information must be provided in a clear and adequate manner.
When processing personal data for minors and adolescents, controllers must make public the information about the types of data collected, how it has been used, and the procedures for exercising one’s rights under LGPD. LGPD makes clear that any processing of personal data belonging to children and adolescents shall be done in their best interests.
This right requires the controller to provide the following information to the data subject when requested. This should be given in a concise, transparent, intelligible and easily accessible form, using plain language:
The controller must provide information necessary to ensure fair and transparent processing whether or not the personal data is collected from the data subject. This information includes the duration of data storage, the legitimate interests pursued by the controller, and the existence of the rights to access, erasure, rectification, restriction of processing, data portability and lodging a complaint with the supervisory authority.
Under LGPD, data subjects can oppose the processing carried out by the organization, based on one of the situations of waiver of consent, if there is non-compliance with LGPD.
Data subjects have the right to object to their personal data being processed. This can be done on the basis of legitimate interest or public interest.
Once this right is exercised, the controller must stop processing the individual's data, unless it demonstrates grounds that override the data subject's request.
LGPD requires controllers and processors to provide information on receipt of a data subject’s request. The information must include:
This information must be provided within 15 days from the date of the data subject’s request.
GDPR states that, when responding to an access request, a data controller must indicate the following:
LGPD grants the right to data portability through an express request and subject to commercial and industrial secrecy, pursuant to the regulation of the controlling agency. This right, however, does not include data that has already been anonymised by the controller.
GDPR defines the right to data portability as the right to send data in a “structured, commonly used, and machine-readable format.” This right may be exercised only where it is technically feasible to do so.
LGPD provides data subjects the right to correct inaccurate or out-of-date data.
This is the right of the data subject to obtain from the controller the rectification of inaccurate personal data and to have incomplete personal data completed.
Under LGPD, consumers can exercise their right to revoke their consent with regard to the processing of their data. The controller must inform the data subject about the possibility of revoking consent and the consequences of doing so.
This right applies when the accuracy of data is contested by the data subject, the processing is unlawful and the data subject opposes erasure and requests restriction. Data subjects must be informed before any such restriction is lifted.
Article 20 of the LGPD gives consumers the right to be informed about any automated decision-making, as well as the right to request that decisions be made by a natural person and restrict automated decision making.
Article 22 of the GDPR provides data subjects the right to not be subject to a decision based solely on automated processing, including profiling, that produces legal effects or similarly significantly affects them.
Both GDPR and LGPD allow monetary penalties to be issued in cases of non-compliance. However, the nature of the penalties, the amount, and who is subject to them differ.
Under the LGPD, the national authority can fine up to a total maximum of BRL 50,000,000 per infraction depending on the severity of the violation.
The GDPR has an upper cap on their monetary penalties at either: 2% of global annual turnover or €10 million, whichever is higher; or 4% of global annual turnover or €20 million, whichever is higher. This depends on the level of violation, which is decided by the member states and public authorities.
Both GDPR and LGPD obligate controllers and processors to adopt security measures to protect the personal data they are processing. LGPD specifies that the new Autoridade Nacional de Proteção de Dados (ANPD) is the federal entity responsible for issuing guidelines and enforcing data protection laws in Brazil. ANPD is empowered to release guidance on which specific security measures are to be adopted.
The LGPD requires processors and controllers to take possible technical steps to secure the personal data from any data breach. The National Authority for Protection of Data offers minimum technical standards taking into account the nature of information, characteristics of processing, and the current state of technology.
Under LGPD, controllers must notify the National Authority of any security incident that may create risk or relevant damage to data subjects within a reasonable time.
The GDPR requires organizations to take appropriate technical and organizational measures to ensure the security of the processing of personal information. These measures may include the following:
Under GDPR, organizations must notify supervisory authorities of any personal data breach that is likely to result in a risk to the rights and freedoms of natural persons without undue delay and not later than 72 hours after having become aware of the breach. The information may also be provided in phases and any delay must be accompanied by justification. The communication of the breach to data subjects, however, must take place without undue delay.
Global privacy regulations are encouraging organizations to automate their data privacy operations in order to seamlessly comply. Robotic automation is no longer a want, but rather a need in this current digital landscape. Several organizations are offering software that helps companies comply with global privacy regulations, but these solutions are restricted to mainly process-driven tasks or basic data-driven functions. AUTI is the only software created by SECURITI.ai, the pioneers of robotic automation, that can be called the perfect software. With its reliability, intelligence and simplicity of use, coupled with ended-to-end automation, AUTI is the only software that can help an organization comply with regulations fully and effectively.
[email protected]
PO Box 13039,
Coyote CA 95013
Find data assets, and discover personal and sensitive data in structured and unstructured data systems, across on-premises and multi-cloud.
Classify & label data to ensure appropriate security controls are enabled on most sensitive data in your organization
Collect, organize, enrich and build a data catalog to address privacy, security and governance solutions
Connect to structured and unstructured data sources and automatically discover and build a relationship map between personal data and its owner.
Assess risk scores for every data asset, asset location, or personal data category
Auto discover personal data in Snowflake and enforce access governance
Auto discover personal data in Snowflake and enforce access governance
Discover, classify, manage and protect sensitive data in Box. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Slack. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more
Discover, classify, manage and protect sensitive data in Workday. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Github. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Jira. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Dropbox. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in SAP Successfactors. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Servicenow. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Zendesk. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Apache Hive. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Apache Spark SQL. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Cassandra. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Discover, classify, manage and protect sensitive data in Couchbase. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Maintain your Data Catalog with continuous automated updates
Automate data subject rights request fulfillment and maintain proof of compliance
Connect to structured and unstructured data sources and automatically discover and build a relationship map between personal data and its owner.
Audit once and comply with many regulations. Collaborate and track all internal assessments in one place.
Automation of privacy assessment collection from third parties, collaboration among stakeholders, follow-ups and compliance analytics.
Automate global cookie consent compliance.
Simplify and automate universal consent management.
Automate the incident response process by gathering incident details, identifying the scope and optimizing notifications to comply with global privacy regulations.
Keeping privacy notices up-to-date made easy
Operationalize GDPR compliance with the most comprehensive PrivacyOps platform
Operationalize CCPA compliance with the most comprehensive PrivacyOps platform
Revolutionize LGPD compliance through PrivacyOps
Enable privacy by design through the AI driven PrivacyOps platform
Discover data assets, detect & catalog sensitive data in it
Classify and label data to ensure appropriate security controls
Monitor data security posture and identify external and internals risks to data security
Policy based alerts and remediations to protect data from external and internal threats
Investigate data security issues and take remediation actions
Snowflake is a cloud based data warehouse that allows organizations to run large scale data analytics projects to uncover business insights, run or train machine learning models, and modernize their data infrastructure.
The Amazon S3 (Simple Storage Service) is a web-service which allows for scalable storage solutions for data archival, backup, and recovery purposes.
Microsoft O365 is the ubiquitous productivity suite for every business worker. Users rely on Office products such as OneDrive and SharePoint to collaborate with their co-workers.
Organizations want to migrate their on-premises data to cloud data stores to take advantage of scale and flexibility while reducing operational cost of managing on-premises infrastructure. However, due to privacy regulations such as GDPR, CCPA administrators have to ensure that data is migrated in compliance with these laws.
Protecting sensitive content is a priority for all organizations, however, due to volume of sensitive content and
While data aids in business decision making, global privacy regulations such as GDPR, CPRA require organization to identify personal & sensitive data & use only for its intended purpose and implement adequate protection.
The California Consumer Privacy Act (CCPA) was signed into law on June 28, 2018 and is scheduled to come into effect on January 01, 2020. Often compared to GDPR, CCPA protects consumers from mismanagement of their personal data and gives the consumer control over what data is collected, processed, shared or sold.
The EU General Data Protection Regulation (GDPR) came into effect on May 25, 2018 and changed the global privacy landscape. It has broadened the definition of processing activities and personal data, impacting companies worldwide, and has tightened the rules to obtain consent before processing information.
The Lei Geral de Proteção de Dados (LGPD) is modeled with similarities to the General European Data Protection Regulation (GDPR) and contains sixty-five articles. It was approved on August 14, 2018 and its validity has undergone several changes, the last relevant fact being MPV 959. LGPD is in effect since September 18, 2020. The sanctions by the ANPD (Brazilian Data Protection Authority) were postponed to August 2021. The LGPD allows people have more rights over their data and expects organizations to comply with their regulations or face heavy penalties or fines.
The government of New Zealand has recently replaced its long-existing Privacy Act of 1993 with a modernized version, the Privacy Act 2020. The New Zealand Privacy Act 2020 (NZPA) will take effect from December 1, 2020.
The Personal Data Protection Act, B.E. 2562 (2019) ('PDPA') is Thailand's first consolidated data protection law, which was published in the Thai Government Gazette on 27 May 2019. This law was said to go into effect on 27 May 2020. However, in May 2020, the Thai Cabinet through a Royal Decree has deferred the enforcement of certain data protection provisions of the PDPA until 31 May 2021.
In order to protect the data of individuals in South Africa, Parliament assented to the Protection of Personal Information Act (POPIA) on 19th November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the remaining sections (excluding section 110 and 114(4)) was 1st July 2020. As per the Regulator’s Operational Readiness Plan the Regulator will be able to take enforcement actions for the violation of POPIA by July 1st 2021.
The DIFC Data Protection Law, 2020 lays down regulations regarding the collection, disclosure and processing of personal data in the DIFC, a special economic zone in Dubai. It also gives rights to individuals whom the personal data relates to and provides power to the Commissioner of Data Protection to enforce the law, enact regulations and approve industry-wide Codes of Conduct.
The Australia Privacy Act 1988 (Privacy Act) was enacted to protect the privacy of data subjects and regulate how Australian agencies and organizations with an annual turnover of more than $3 million handle their customers’ personal information.
Singapore’s Personal Data Protection Act (PDPA) comprises various provisions governing the collection, disclosure, use, and care of personal data. It recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate and reasonable purposes.
On April 13, 2000, the Personal Information Protection and Electronic Documents Act (PIPEDA) received Royal Assent. It came into force in stages, beginning on January 1, 2001. PIPEDA came fully into effect on January 1, 2004. The legislation applies to organizations that collect, use or disclose personal information in the course of commercial activities.
After the invalidation of Privacy Shield, many companies are relying on the SCCs in order to continue transferring data of EU citizens to companies based in countries who are not deemed adequate for data transfer.
After the CJEU judgement, it is clear that these companies have to conduct Risk Assessments with the data recipients in these countries in order to ensure they have enough controls to mitigate any potential data or regulatory risk.
On 2nd March, 2019, the Department of Health—Abu Dhabi (DoH), launched the Abu Dhabi Healthcare Information and Cyber Security (ADHICS) Standard. This is the first standard that aims to provide healthcare professionals and entities a comprehensive guide to the regulation of healthcare data in Abu Dhabi. This law ensures the highest levels of privacy and security of patients’ data, in line with international standards, is maintained.
On January 31, 2020, the government of Saudi Arabia issued the Executive Regulations to the Saudi E-Commerce Law 2019 (“ECL”) that was in effect since October 2019. The Executive Regulations together with the ECL (“Law”) aim to protect consumers’ personal data by requiring organizations to take appropriate technical and administrative measures.
Turkey was one of the first countries to start the trend of legislating data protection. Turkey published “Law on the Protection of Personal Data No. 6698 (LPPD) covering personal data protection on April 07, 2016.” The LPPD is based on the European Union Data Protection Directive 95/46/EC and has several similarities with the GDPR. It aims to give data subjects’ control over their personal data and outlines obligations that organizations and individuals dealing with personal data must comply with. The LPPD has also provided comprehensive guidelines for the transfer of personal data to the third parties.
In December 2019, India, following several other countries' footsteps on the privacy laws' developments, introduced the Personal Data Protection Bill (PDPB) to regulate the processing, collection, and storage of personal data.
On 13 October 2020, the National People's Congress of the Republic of China submitted the long awaited draft of the Personal Information Protection Law (Draft PIPL) to the Standing Committee meeting for preliminary review. This draft was officially released for the public consultation on 21 October, 2020. The consultation period will last until 19 November 2020.
The Irish Data Protection Act, 2018 (Irish DPA) implements the General Data Protection Regulation (GDPR) and transposes the European Union Law Enforcement Directive in Ireland. Since it incorporates most of the provisions from the GDPR and the Law Enforcement Directive with limited additions and deletions as per the national law, it is considered to be the principal data protection legislation in Ireland.
The Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2012 (the “PDPO) is the primary legislation in Hong Kong which was enacted to protect the privacy of individuals’ personal data, and regulate the collection, holding, processing, disclosure, or use of personal data by the organizations.. The Data Protection Principles ( the “DPPs or DPP ''), which are contained in Schedule 1 to the PDPO, outline how entities should collect, handle, disclose, and use personal data.
In 2012, the Philippines passed the comprehensive privacy law, Data Privacy Act 2012 Republic Act. No, 10173 (the "DPA"). The DPA recognizes the rights of individuals to have more control over their personal data while ensuring a free flow of information to promote innovation and growth.
The United Arab Emirates (UAE) has a Federal Telecommunication Law ( Federal Law) which requires that a company must hold a license in order to provide public communications services and operate public telecommunication networks. Under this Federal Law, a Telecommunication Regulatory Authority (TRA) was established which regulates the telecommunication sector in the UAE.