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LGPD (Lei Geral de Proteção de Dados Pessoais) is the data privacy law of Brazil, aimed at providing Brazilian consumers more control over their personal information. In many respects, LGPD is similar to the General Data Protection Law (GDPR) of the European Union, but there are some significant differences. LGPD goes into effect in early August 2020 and organizations must comply with this regulation in order to avoid fines and penalties by the newly-created Brazilian regulatory authority, Autoridade Nacional de Proteção de Dados (ANPD).
LGPD imposes some very important obligations on organizations dealing with and processing the user data of Brazilians. Some of the most important requirements are:
“Processing data within the territory of Brazil, Processing the data of individuals who are within the territory of Brazil. The location of the data processor is immaterial.
“Processing data which was collected within the territory of Brazil.”
LGPD offers its constituents the nine following rights:
These rights can be enforced through complaints and private actions brought about by data subjects.
Under the LGPD, the penalty system ranges from:
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Applies to all companies processing the personal data of data subjects residing in Brazil, regardless of the company’s location.
Fines can range up to 2% of annual turnover in Brazil or R50 million per violation, which approximate to €11 million.
Some people call the LGPD “Brazil’s GDPR”. If you’re already GDPR compliant, you are mostly within the provisions of the LGPD.
LGPD goes into effect in August 2020.