In this guide:
Overview of the General Data Protection Law (LGPD)
The General Data Protection Law (Lei Geral de Proteção de Dados, or LGPD) is a landmark law enacted in Brazil as of September 18, 2020. It is often compared to the European Union’s General Data Protection Regulation (GDPR) due to its similar goals. Both aim to safeguard individuals’ data privacy and provide Brazilian consumers with greater control over their personal information.
There are several key objectives of the LGPD created to hold businesses more accountable while providing Brazilian consumers with detailed rights relating to their data privacy. The LGPD imposes regulations on data collection and processing, emphasizes transparency while requiring organizations to receive informed consent from individuals before processing begins, and ensures business compliance so only lawful processing of data with careful records maintenance is occurring moving forward.
To meet and surpass these goals, the Law grants the following enumerated rights to data subjects:
- The right to access your data held by an organization.
- The right to rectify and request corrections to inaccuracies in your data.
- The right to delete your data under specific circumstances.
- The right to transfer your data to another service provider upon request.
- The right to object to certain data processing activities.
Note: a data subject is anyone whose data is being collected, processed, stored or transferred.
Comparisons with GDPR are inevitable due to the similarities between the two. Both laws focus on data protection, consent, and individual rights. However, LGPD has some unique aspects, such as the appointment of a DPO for certain larger organizations, and it considers socioeconomic factors in its application.
The LGPD also established the National Data Protection Authority (Autoridade Nacional de Proteção de Dados or ANPD) to oversee and enforce compliance with the law. The ANPD plays a crucial role by offering guidance to organizations working to comply with LGPD, handling data protection impact assessments, and receiving data breach notifications.
It should be noted there is a special emphasis on sensitive personal data, which includes information about race, religion, sexual orientation, health, genetics, and more. There is additional language included to protect children’s data especially, focused on requiring parental consent for users under the age of 12. Processing more sensitive data in this way falls under additional protective measures.
What this means for business compliance
The LGPD applies to any organization that processes the personal data of individuals located in Brazil, or offers goods and/or services within the country, regardless of their location. This extraterritorial reach ensures that foreign companies dealing with Brazilian data must also comply with the law. While LGPD is a significant step forward for data protection in Brazil, its implementation has posed challenges for many organizations. Ensuring compliance necessitates training employees and adapting to existing data practices, but these are just a few of the hurdles faced.
To better understand what the LGPD means for your business, review these core principles:
- Lawfulness: Data processing must have a lawful basis, such as consent or contractual necessity.
- Purpose Limitation: Data should only be collected and processed for specific, legitimate purposes.
- Data Minimization: Only the necessary data for the intended purpose should be processed.
- Data Quality: Organizations must ensure data accuracy and take measures to keep it up to date.
- Security: Stringent security measures must be in place to protect data from breaches.
- Transparency: Data subjects should be informed about data processing activities.
- Consent: Explicit consent is required for data processing unless another lawful basis applies.
In the event of a data breach that poses risk to data subjects, organizations need to promptly notify both the authorities and affected individuals. LGPD enforces penalties for non-compliance, which can range from warnings and fines to outright suspension of data processing activities.
To ensure compliance, it’s recommended your organization follows these guidelines and records efforts as they happen:
- Data Mapping and Inventory: Conduct a data mapping exercise to identify all the personal data your business collects, processes, or stores. This includes data on customers, employees, and any other stakeholders.
- Data Protection Officer (DPO): Appoint a DPO or someone responsible for data protection compliance within your organization. Organizations that process a significant volume of data or sensitive information must have this role filled.
- Consent Management: Review and update your consent management processes, then ensure explicit and informed consent is obtained from individuals before collecting their data.
- Data Processing Records: Maintain records of data processing activities, including the purpose, scope, and legal basis for data processing.
- Data Security Measures: Implement robust data security measures to protect personal data. This includes encryption, access controls, and regular security audits.
- Data Subject Rights: Be prepared to honor data subject rights, such as the right to access, rectify, or delete their data. Establish procedures for handling such requests promptly.
- Incident Response Plan: Develop an incident response plan to address data breaches. LGPD mandates that data breaches be reported to both authorities and affected individuals within a certain timeframe.
- Privacy Impact Assessments (PIAs): Conduct PIAs to evaluate the potential risks to individuals’ data privacy when implementing a new project or process.
- Employee Training: Train your employees on data protection best practices and their role in ensuring compliance. Awareness among staff is crucial.
- Contracts and Data Processing Agreements: Review and update contracts and data processing agreements with third parties to ensure they comply with LGPD requirements.
- Cross-Border Data Transfers: If your business transfers data internationally, ensure that you comply with LGPD’s rules on cross-border data transfers.
- Regular Audits and Assessments: Periodically audit your data protection practices and perform compliance assessments to identify and rectify any non-compliance issues.
- Documentation and Records: Maintain thorough documentation of all LGPD compliance efforts, including policies, procedures and audit reports.
- Stay Informed: Keep abreast of changes in LGPD and any updates to data protection regulations in Brazil and abroad. Compliance is an ongoing process.
Brazil’s General Data Protection Law represents a significant milestone in the country’s commitment to data privacy and protection. It aligns with global trends in data regulation and provides individuals with greater control over their personal information. As organizations continue to adapt to the LGPD’s requirements, the impact on data privacy in Brazil will become increasingly evident.
What Privacy Bee solves
Today, the protection of customer and employee personal data is a mandatory undertaking for businesses providing online services to Brazil.
Within a large organization, handling this monumental task for every employee with a single person or small team is practically impossible. Nevertheless, the identification and removal of such data holds profound significance, acting as a deterrent to cybercriminals while reducing the attack surface for your organization and mitigating the risk of a data breach. This is precisely where Privacy Bee comes into play, streamlining the time-consuming processes of monitoring and deleting employee and customer data across the web.
Privacy Bee’s impact extends beyond the confines of your organization, encompassing vendors to ensure they don’t become a weak link in your security defenses. Even with robust cybersecurity measures in place, it remains essential to scrutinize the data privacy management practices of all third-party vendors. If your organization is already conducting risk assessments and vendor surveys, that’s commendable. However, it’s worth noting that the most probable vulnerability continues to be inadequate data management by vendors.
By adopting a proactive approach, Privacy Bee launches a counteroffensive against the exploitation of your most sensitive data, reinforcing your External Data Privacy on multiple fronts.
Data Brokers and People Search Sites have emerged as pivotal players in the multi-billion-dollar surveillance industry. They profit from the sale of your organization’s information, often passing it on to obscure and uncontrollable entities. The consequences of having private data exposed on the web are profound, posing significant threats if and when it falls into the hands of malicious actors. A single data breach can trigger a cascade of adverse consequences, including extensive productivity losses, costly remediation efforts, and the unfortunate recurrence of breach events – a predicament that affects a majority of businesses after an initial breach. Such incidents can set off a chain reaction, negatively impacting your bottom line in the short term, eroding brand value, and diminishing customer trust in the long run. These repercussions extend to high employee turnover due to poaching, and a noticeable decline in productivity attributed to sophisticated spam outreach.
Privacy Bee stands as your ally in the battle against external privacy threats. By meticulously locating every corner of the internet where your data resides and swiftly eliminating it, Privacy Bee bridges the data security gap. Furthermore, this process includes dark web monitoring and provides data breach notifications in case another company falls victim to an exploit and exposes your information inadvertently.
Our unwavering commitment is firmly rooted in the belief that privacy is an intrinsic human right, and must transcend political debates and negotiations. It is this steadfast commitment that drives Privacy Bee to diligently monitor user data for security vulnerabilities while holding the surveillance industry accountable. This accountability is enforced by compelling Data Brokers, People Search Sites, and over 150,000 additional websites to erase your stored data and opt out of further data collection.
Privacy Bee’s protective umbrella extends over a wide range of potential threats, including:
- Data breaches
- Spam emails
- Telemarketing calls
- Identity theft
If you’re a dedicated business leader with a strong commitment to safeguarding the well-being of both your employees and customers, Privacy Bee offers you the means to assert authority over your organization’s most crucial employee and customer data. In this age where data protection is vital, Privacy Bee firmly stands by your side as a dependable ally in the continuous effort to fight back against data exploitation.