Brazil's LGPD
What businesses need to know
The LGPD is a comprehensive privacy law that applies to any company doing business in Brazil and holding information from Brazilian nationals. To avoid costly fines, companies need to comply with the law's specific requirements.
Applicability
As with the GDPR, the LGPD has a territorial scope that extends outside of Brazil. This means that you may have to comply even if you or your business are not based in Brazil. In general terms, you can likely assume that the LGPD will apply to you if you either process the personal data of people located in Brazil or process the personal data of anyone, regardless of nationality, within the Brazilian territory.
PIPL Protection
The LGPD shares many key provisions with GDPR, such as the requirement for businesses to keep records of data processing activities and individuals' right to know, erase, access, and correct inaccurate or outdated data. This means that companies that have already taken steps to comply with GDPR may have a head start in complying with the LGPD.
Enforcement
Under LGPD, Brazilian data subjects have the right to opt-out of processing, data sharing, and marketing. ANPD enforces the law and imposes significant fines for noncompliance, making LGPD compliance a top priority for businesses to avoid reputational damage and loss of consumer trust.
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