Brazil’s LGPD: Key Insights for Legal Compliance in International Data Privacy
Brazil’s LGPD: Key Insights for Legal Compliance in International Data Privacy
Brazil is joining the global movement toward stronger data privacy protections with the enactment of its General Data Privacy Law (Lei Geral de Proteção de Dados, LGPD), set to take effect in August 2020. This legislation introduces robust requirements for organizations operating in Brazil or offering goods and services to Brazilian consumers, ensuring enhanced protection of personal information.
Scope of LGPD
The LGPD applies broadly to any entity, domestic or foreign, that:
Processes personal data in Brazil.
Offers products or services to Brazilian consumers.
This extraterritorial reach makes compliance essential for international companies with Brazilian customers.
Key Requirements
Consent and Transparency
Businesses must obtain explicit consent from individuals before collecting personal data.
Organizations must maintain clear transparency, informing consumers about how their data will be collected, used, stored, and shared.
Data Protection Standards
Companies must implement adequate data security measures to protect personal information.
Data controllers are required to ensure lawful and ethical processing of personal information, aligned with LGPD principles.
Legal Implications
For legal professionals advising multinational clients, LGPD compliance involves:
Reviewing and updating privacy policies and consent forms.
Implementing data governance and security protocols.
Ensuring cross-border data transfers comply with Brazilian regulations.
Preparing for potential civil and administrative penalties for non-compliance.
Conclusion
Brazil’s LGPD marks a significant milestone in Latin American privacy regulation, reflecting global trends toward stricter data protection standards. Legal advisors play a critical role in guiding companies through consent, transparency, and security requirements, helping mitigate regulatory risk while fostering consumer trust.
