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LGPD (Brazil)

Definition

The LGPD (Law No. 13,709/2018) is Brazil's General Data Protection Law, governing the processing of personal data by public and private organisations, online and offline.

The LGPD applies to processing carried out in Brazil, processing aimed at offering goods or services to people in Brazil, and processing of data collected in Brazil, regardless of where the organisation is based (Art. 3). It uses its own vocabulary: the controlador (controller), the operador (processor), the titular (data subject) and the encarregado (data protection officer).

Its structure is close to the GDPR: ten principles in Art. 6, including purpose, necessity, transparency, security, prevention, non-discrimination and accountability; ten legal bases for ordinary data in Art. 7, including credit protection, which has no direct GDPR equivalent; specific bases for sensitive data in Art. 11; data subject rights in Art. 18; the right to request review of automated decisions in Art. 20; and incident reporting in Art. 48.

The ANPD, now an autonomous regulatory agency, issues regulations and enforces the law, with sanctions that range from warnings to fines and suspension of processing. Example: a foreign app with Brazilian users must appoint an encarregado and answer data subject requests under LGPD rules.

Where this term is assessed

Assessed in the Data Protection & AI Professional (DPAI), domain 1: Data protection foundations.

Also covered in: Responsible AI Foundation (RAIF)

Primary sources

  • Lei nº 13.709/2018 (LGPD)

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