Brazil: LGPD what you need to know
The Law No. 13.709 of 14 August 2018, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD') entered into force on 18 September 2020, although its enforcement provisions will not come into effect until 1 August 2021. The LGPD is a comprehensive data protection law which covers the activities of data controllers and processors and creates novel requirements on the processing of information of data subjects. It includes provisions on a variety of issues such as data protection officer appointments, Data Protection Impact Assessments, data transfers, and data breaches. It will be enforced by the Brazilian data protection authority ('ANPD') which, when established, is expected to provide important guidance and clarity on the provisions of the LGPD.
How OneTrust helps
The LGPD has many similarities to the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), granting certain data privacy rights to data subjects in Brazil and requiring organisations that process personal data to meet specific data protection obligations.
OneTrust's LGPD solutions are backed by AI, robotic automation and regulatory research, ensuring quick time to value, efficiency and unparalleled guidance as you build, adapt, and mature your LGPD program. OneTrust DataGuidance solutions are integrated directly into OneTrust products, enabling organisations to leverage OneTrust to drive compliance with hundreds of global privacy and security laws and frameworks. This approach provides the only solution that gives privacy departments the tools they need to efficiently monitor and manage the complex and changing world of privacy management.
Find out more about OneTrust's full suite of solutions here.
OneTrust DataGuidance provides daily updates and analysis of relevant global regulatory developments, including the LGPD. In addition, OneTrust DataGuidance has compiled a variety of resources, including articles, reports, webinars and videos, which help break down everything you need to know about the LGPD.
Keep updated with all LGPD developments here.
- Brazil: LGPD v. CCPA
- Brazil: LGPD v. GDPR
- Brazil: Privacy policies under the LGPD
- Brazil: Operationalising the LGPD: Part one - DSARs & breach notification requirements
- Brazil: Operationalising the LGPD: Part two - Data mapping & assessments
- Brazil: Operationalising the LGPD: Part three - Consent and other lawful bases
- Brazil: Operationalising the LGPD: Part four - Vendor risk management
- Brazil: Bill on fake news "goes over the top in some aspects"
- Brazil: New open banking rules
- Brazil: Latest LGPD developments and looking into the (near?) future
- Brazil: Supreme Court preliminary order shows that 'LGPD has been influencing decisions regarding the use of personal data'
- Brazil: Impact of possible postponement of LGPD
A full list of LGPD related insights can be accessed here.
The Comparing privacy laws: GDPR v. LGPD provides a comparison of major topics within the area of privacy between the General Data Protection Regulation (Regulation (EU) 2016/679) and the LGPD. This analysis has been conducted in collaboration with Baptista Luz Advogados.
A conversation with Felipe Palhares, FIP and Partner at Palhares Advogados
Brazil Privacy Landscape Overview
Watch our Brazil Overview video to understand the state of privacy in Brazil in today.
Read the Key Takeaways here.
A full list of webinars can be accessed here.