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Download NowTo 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.
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Break Silos of Sensitive Data & Risk Understanding across Multicloud and self managed systems. Common grammar, policies and reporting
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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.
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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.
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The Canadian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
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The Australian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
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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.
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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.
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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. However, in November 2021, the bill’s name was amended to now be called the Data Protection Bill 2021 (DPB).
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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.
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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.
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South Korea has a general law and several special laws that cover data protection and individuals' privacy. South Korea's data protection regime is considered one of the strictest data protection regimes owing to its notification requirements, opt-in consent, extensive data subject rights, mandatory data breach notifications, and heavy sanctions in case of non-compliance.
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The Act on the Protection of Personal Information (the "APPI'') regulates personal related information and applies to any Personal Information Controller (the “PIC''), that is a person or entity providing personal related information for use in business in Japan. The APPI also applies to the foreign PICs which handle personal information of data subjects (“principals”) in Japan for the purpose of supplying goods or services to those persons.
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Qatar is the first gulf country that has passed a national data privacy law and has paved the way for all other gulf countries to follow suit. In 2016, Qatar enacted Law no. 13 Concerning Personal Data Protection (the “DPL”). Qatar became the first Gulf Cooperation Council (GCC) member state to issue an “European Style” applicable data protection law. The DPL establishes a certain degree of personal data protection, provides data subject rights, and prescribes the guidelines for organizations for the processing of personal data within Qatar.
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Bahrain has become a part of the countries that have enacted a data privacy regulation to protect the rights of their residents. On 12 July 2018, Bahrain drafted its law on data protection regulation, Law No. 30. This then went on to go into effect on the 1st of August 2019 as the Bahrain Personal Data Protection Law (PDPL) and supersedes all other laws. The PDPL 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 purposes.
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After the Success of the California Consumer Privacy Act (CCPA) in California, Virginia is now following the same path. The Virginia Consumer Data Protection Act (VCDPA) has been passed and will go into effect on 1st of January 2023. This law is closely designed after the newer California Privacy Rights Act (CPRA) but with a few significant and important differences.
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After the VCDPA in Virginia, Colorado has closely followed suit and has passed their own comprehensive data privacy law to protect the personal data of the residents of Colorado.The Colorado Privacy Act (CPA) was signed into law on the 8th of July, 2021 and has been modelled closely after the VCDPA.
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Saudi Arabia has drafted a data privacy regulation to protect the personal data of individuals in Saudi Arabia. This law was approved by the Council of Ministers in Saudi Arabia and is named the Personal Data Protection Law (the “PDPL”).
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Uganda’s Data Protection and Privacy Act 2019 seeks to protect Uganda’s citizens and their personal data by outlining and implementing rules for processing personal data and sensitive personal data by entities within or outside the country.
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Ghana Data Protection Act 2012 establishes a comprehensive set of provisions governing the collection, processing, use, and protection of personal data by the data controller or data processor.
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Kenya’s Data Protection Act, 2019 (DPA) is based on the framework of the EU’s General Data Protection Regulation (GDPR), making it the third region in East Africa to have enacted and enforced data protection regulations.
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Malaysia’s Personal Data Protection Act (PDPA) was passed by the Parliament of Malaysia on 2 June 2010. The PDPA sets out a complete cross-sectoral framework to protect the personal data of individuals with respect to commercial transactions.
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Although there is no comprehensive data protection law in Indonesia, however, there are several regulations that regulate the Indonesia's draft Personal Data Protection Bill (PDPB) & Personal Data Protection Regulations (PDP Regulations)
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Oman’s Personal Data Protection Law (Oman’s PDPL) has been published in the country’s official gazette, and it will come into force by February 9, 2023, one year after its issuance which was February 9, 2022. The law applies to any natural person’s personal data including but not limited to their name, location data, identification number, and health-related information.
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Kuwait’s Data Privacy Protection Regulations (DPPR) applies to all public and private Telecommunication Services Providers and related industry sectors who collect, process, and store personal data and user-related content in whole or in part of a data storage system, whether processed inside or outside the State of Kuwait.
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The Personal Data Protection Act (PDPA) protects Sri Lankan residents’ data while regulating how organizations collect, process, store, and maintain this data. The PDPA also grants users a wide range of data subject rights, meant to give them more control over their data.
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Issued on 27 July 2006, the Russian Federal Law on Personal Data (No. 152-FZ) remains one of the oldest data protection laws in effect today. Moreover, it is one of the few laws enacted before the EU's landmark General Data Protection Regulation (GDPR).
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Germany’s Bundesdatenschutzgesetz (BDSG) in German, or the Federal Data Protection Act in English, was enacted in May 2018 to implement the GDPR in Germany.
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The Data Protection Act (DPA) of 2018 was passed in April 2016 and came into effect on May 25, 2018. This was the same day the General Data Protection Regulation (GDPR) came into effect.
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Directive 2002/58/EC on Privacy and Electronic Communications, known more prominently as the ePrivacy Directive, is a key set of instructions released to ensure the privacy and confidentiality of all electronic communications within the European Union (EU).
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The New York State Department of Financial Service Cybersecurity Regulations or 23 NYCRR 500 is a set of 23 cybersecurity requirements mandatory for all financial institutions registered in New York working under its Banking Law, Insurance Law, or Financial Services Law.
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In November 2020, the European Commission released a draft of the new Data Governance Act. This came as a result of the 2020 European Data Strategy that aims to facilitate data sharing across sectors and member states.
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