The Brazilian General Data Protection Law was enacted

After more than 8 years of debates among the Brazilian society, on the 14th of august 2018 the General Data Protection Law (LGPD – Lei Geral de Proteção de Dados) was sanctioned. Thus, after a period of eighteen months,

the law will come into full force by February 2020.

 

 

What is the importance of the LGPD?

LGPD represents an important legal milestone and puts Brazil amongst other countries providing the same level of regulation onto the subject. This will certainly motivate business investments in Brazil, notably for the digital economy, as well as provide more legal safety for data subjects and privately-owned businesses. 

INFOGRAPHIC 01: MAIN ASPECTS

Like the European General Data Protection Regulation (GDPR), the LGPD will motivate a shift in paradigm when managing data, revealing the need for internal adequacy and the building of a data protection culture in Brazil.

INFOGRAPHIC 02: APPLICATION OF LGPD

LGPD provides an extremely wide range of application, impacting nearly all business activities. Our infographic provides with a few examples of situations where LGPD is applied.

INFOGRAPHIC 03: EXTRATERRITORIAL APPLICATION

Did you know that, like GDPR, LGPD also applies extraterritorially? This means that LGPD’s effects are not limited to Brazil, and can even apply to companies not settled in the country.

INFOGRAPHIC 04: 10 DATA PROCESSING PRINCIPLES

LGPD provides with 10 general principles which, together with good-faith, must steer personal data processing activities in the country. Such directives constitute the main paths businesses must necessarily know and follow.

INFOGRAPHIC 05: SECTORS IMPACTED BY THE LGPD

LGPD applies transversally and to every sector, and must be considered by all business departments that process personal data, as illustrated in our 5th infographic. 

INFOGRAPHIC 06: LEGAL GROUNDS FOR PROCESSING PERSONAL DATA

LGPD innovates by breaking the hegemony of consent, which is now one of ten legal grounds that authorize the processing of personal data. The change is positive for fully developing the digital economy, especially regarding new technologies. 

INFOGRAPHIC 07: DATA PROTECION OFFICER

Unlike GDPR, the LGPD, as a rule, provides that all entities that process personal data must nominate a Data Protection Officer.

INFOGRAPHIC 08: DATA SUBJECT RIGHTS

Every natural person is entitled to their personal data and ensured of their fundamental rights of freedom, intimacy and privacy, as well as the rights provided by the LGPD.

INFOGRAPHIC 09: INTERNATINAL DATA TRANSFERS

LGPD only allows personal data to be transferred to countries offering adequate levels of data protection, or under other strict circumstances. 

INFOGRAPHIC 10: SANCTIONS

LGPD sets out administrative sanctions in case of offences related with personal data processing. The National Data Protection Authority (ANPD) shall enforce LGPD via such sanctions.

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INFOGRAPHIC 11: SENSITIVE PERSONAL DATA

The LGPD also sets special types of personal data, and provides with special grounds and conditions for their processing.

INFOGRÁFICO 12: AUTORIDADE NACIONAL DE PROTEÇÃO DE DADOS

Quatro meses após ter sua criação vetada pela Presidência da República quando da promulgação da LGPD, a Autoridade Nacional de Proteção de Dados (ANPD) é constituída, “sem aumento de despesa”, como órgão da administração pública federal integrante da Presidência da República. Sua organização, competências, governança e hierarquia são dispostas por novas adições ao artigo 55 da LGPD.