December 7, 2021

Volume XI, Number 341


December 06, 2021

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Brazil Adopts New Privacy Law Similar to GDPR

On August 14, the president of Brazil signed the Brazilian General Data Protection Law (LGPD) into law. It will become effective on Valentine’s Day 2020. The elements of the new law are similar to the European Union’s General Data Protection Regulation (GDPR).

If entities have become compliant with GDPR, they are well on their way to compliance with the new Brazilian Privacy law. Like the GDPR, the LGPD:

  • Applies to organizations headquartered in Brazil and to those who process personal data in Brazil.

  • Includes a broad concept of personal data.

  • Provides for special treatment of sensitive personal data.

  • Defines obligations according to whether an entity is a controller or a processor.

  • Requires a legal basis to collect and process personal data.

  • Provides for data subject rights.

  • Requires mandatory data breach notification.

  • Provides for mechanisms for cross border transfers to countries that are not considered to have an adequate level of protection.

  • Requires the appointment of a Data Protection Officer.

  • Requires a Data Protection Impact Assessment when processing activities create risks to data subjects.

  • Requires a record or data processing activities.

  • Requires the establishment of appropriate technical, security and administrative measures to protect personal data.

  • Includes administrative sanctions for non-compliance including notices and fines of up to 2 percent of a business’ gross sales in the country during its last fiscal year or up to $50 million reais ($12.9 million USD) per violation.

An independent public authority responsible for the supervision of the law and its enforcement is yet to be created.

© 2021 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume VIII, Number 240

About this Author

Katherine Armstrong, Drinker Biddle Law Firm, Washington DC, Data Privacy Attorney

Katherine E. Armstrong is counsel in the firm’s Government & Regulatory Affairs Practice Group where she focuses her practice on data privacy issues, including law enforcement investigations, and research and analysis of big data information practices including data broker issues.

Katherine has more than 30 years of consumer protection experience at the Federal Trade Commission (FTC), where she served in a variety of roles, including most recently as a Senior Attorney in the Division of Privacy and Identity Protection.  In the Division of...