LGPD: Understanding Brazil’s General Data Protection Law in Detail

The Lei Geral de Proteção de Dados Pessoais (LGPD), or General Data Protection Law of Brazil, is the primary legislation regulating the processing of personal data in Brazil. Enacted through Law No. 13.709/2018, LGPD establishes comprehensive guidelines for how public and private organizations must collect, process, store, and share personal data.

Inspired by the European GDPR, LGPD came into effect in September 2020 and has since become a cornerstone of Brazil’s digital privacy and data governance framework.

Objectives of the LGPD

LGPD’s main goals include:

Safeguarding individual privacy;
Ensuring transparency in data processing activities;
Providing legal certainty for businesses;
Promoting economic and technological development in alignment with civil rights.

Scope of Application

The LGPD applies to any data processing activity that:

Occurs within Brazilian territory;
Involves offering goods or services to individuals in Brazil;
Or relates to data collected in Brazil.

It is applicable to both public and private sectors, regardless of the size or origin of the organization.

Key Terminology

Term	Definition
Personal Data	Information relating to an identified or identifiable natural person
Sensitive Data	Data on race, religion, health, sexual orientation, political views, etc.
Data Subject	The individual to whom the personal data refers
Controller	The entity that makes decisions about data processing
Processor	The entity that processes data on behalf of the controller
DPO (Data Officer)	The appointed person responsible for communication and compliance

Legal Bases for Data Processing

LGPD defines 10 legal grounds for lawful data processing. The most common are:

Consent from the data subject;
Legal or regulatory obligations;
Contract execution or pre-contractual procedures;
Legal defense in judicial or administrative proceedings;
Protection of life or physical integrity;
Health care purposes;
Legitimate interest, when balanced with data subject rights;
Credit protection;
Public policy execution;
Academic or research purposes, when anonymized when possible.

Rights of Data Subjects

Data subjects are guaranteed several fundamental rights under LGPD:

Confirmation of data processing;
Access to their data;
Correction of incomplete or outdated data;
Anonymization or deletion of unnecessary or excessive data;
Data portability to another service provider;
Deletion of data processed under consent;
Information on data sharing practices;
Withdrawal of consent;
Objection to unlawful processing.

All requests must be handled freely and transparently.

Organizational Responsibilities

Companies must:

Appoint a Data Protection Officer (DPO);
Maintain a clear and accessible privacy policy;
Implement information security measures;
Keep detailed data processing records;
Notify the ANPD and data subjects in case of a security incident.

Enforcement and Sanctions

The ANPD (Autoridade Nacional de Proteção de Dados) is the regulatory body in charge of overseeing LGPD compliance.

Potential administrative penalties include:

Official warnings;
Fines of up to 2% of a company’s revenue, capped at BRL 50 million per violation;
Public disclosure of the infraction;
Data blocking or deletion;
Temporary or permanent suspension of processing activities.

Integration with Other Laws

LGPD works in coordination with:

The Marco Civil da Internet (Brazilian Internet Bill of Rights);
The Consumer Protection Code;
The Access to Information Law;
And specific sectoral regulations (e.g., finance, health, education).

Best Practices and Data Governance

To comply with LGPD, organizations should adopt:

Data mapping (inventory of personal data flows);
Internal privacy and governance policies;
Staff training on data protection principles;
Technical and organizational controls, such as encryption and role-based access;
Data Protection Impact Assessments (DPIAs) for high-risk processing.

Summary Table – LGPD Highlights

Item	Description
Law	Law No. 13.709/2018
Effective Date	September 2020 (sanctions active from August 2021)
Scope	All entities processing personal data in Brazil
Regulatory Authority	ANPD – Brazilian National Data Protection Authority
Maximum Fine	BRL 50 million per violation
Rights Provided	Access, correction, deletion, portability, withdrawal, objection
Legal Grounds	Consent, legal obligation, contract, legitimate interest, public policy
Company Duties	Appoint DPO, ensure security, maintain records, notify incidents

📘 Official Source (Brazilian Congress)

Access the full legal text of LGPD in Portuguese at the official portal of the Brazilian Chamber of Deputies:

👉 Law No. 13.709/2018 – LGPD (Official Link)

Conclusion
The LGPD represents a paradigm shift in how personal data is handled in Brazil. It empowers individuals with control over their information while requiring organizations to implement robust privacy governance. Beyond avoiding sanctions, LGPD compliance builds consumer trust and fosters sustainable digital innovation in the Brazilian market.

For international organizations doing business in Brazil, respecting LGPD is not only mandatory—it’s a strategic imperative.