Privacy Law at Brazil
Brazil's General Data Protection Law (LGPD), enacted as Law No. 13.709/2018 and enforced since August 2020, establishes a comprehensive framework for the protection of personal data. Modeled after the EU's General Data Protection Regulation (GDPR), the LGPD applies to both public and private entities operating within Brazil and those processing data of Brazilian residents.
📜 Key Provisions of the LGPD
1. Scope and Jurisdiction
The LGPD applies to any organization processing personal data within Brazil, offering goods or services to individuals in Brazil, or collecting data from individuals located in Brazil, regardless of the organization's location
2. Personal and Sensitive Data
Personal Data:Information related to an identified or identifiable natural person
Sensitive Personal Data:Includes data on racial or ethnic origin, religious beliefs, political opinions, union membership, health or sexual life, genetic or biometric data Processing of sensitive data requires explicit consent or must meet specific legal bases
3. Legal Bases for Processing Personal data may be processed under the following conditions
4. Data Subject Rights Individuals have the right to
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The LGPD permits the transfer of personal data abroad under specific conditions, such as- To countries or organizations providing an adequate level of data protectio. Based on contractual clauses, Binding Corporate Rules (BCRs), or certification. With explicit consent from the data subjec.
✅ Summary
Brazil's LGPD establishes a robust framework for personal data protection, emphasizing transparency, accountability, and the rights of individual. Organizations operating in Brazil or handling data of Brazilian residents must ensure compliance to avoid significant penaltie.
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