Brazilian General Data Protection Law (LGPD)

Definition & Meaning:

The Brazilian General Data Protection Law, known as LGPD, is a legal framework that governs the use of personal data in Brazil.

It was established to protect the privacy and freedom of individuals by regulating how businesses collect, use, store, and share personal data.

Similar to the European Union’s General Data Protection Regulation (GDPR), the LGPD applies to any business or organization that processes the personal data of individuals in Brazil, regardless of where the company is based.

Under the LGPD, personal data includes any information that can identify an individual, such as names, email addresses, financial information, and health records.

The law mandates that organizations must obtain explicit consent from individuals before processing their data, ensuring that data subjects are aware of how their information is being used.

For instance, if you run an online store that serves customers in Brazil, you need to ensure that your website complies with LGPD by obtaining consent before collecting personal information from your Brazilian customers.

The LGPD also grants individuals several rights concerning their personal data, including the right to access their data, correct inaccuracies, delete data when it’s no longer necessary, and the right to be informed about with whom their data is shared.

Businesses are required to report any data breaches that may affect Brazilian data subjects within a reasonable timeframe, typically no more than 72 hours after becoming aware of the breach.

Non-compliance with the LGPD can result in significant penalties, including fines of up to 2% of the company’s revenue in Brazil, capped at 50 million reais per violation.

Moreover, the LGPD has prompted many businesses to revise their data protection policies and practices to ensure compliance, not only to avoid penalties but also to build trust with their customers by demonstrating a commitment to protecting personal data.